Role Of Cps Essay

Following evidence-gathering, the two key stages prior to the first hearing are the decision to charge and the prosecution process.If a person is charged with a crime, they are either remanded in custody or released on bail before going to a court.

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The evidence as a whole should then be capable of meeting the Full Code Test, ie, provide a realistic prospect of conviction.If the evidential test is not met, the charge cannot proceed, no matter how serious or sensitive it may be.In cases which pass the evidential stage, the decision maker must go on to consider the public interest stage.This allows the police to charge the suspect and bring them before a court in custody without applying the Full Code Test.There are strict criteria for applying the Threshold Test.This built on the benefits of streamlined processes to deliver more responsive and proportionate charging services.The Code for Crown Prosecutors advises that any charging decisions should: for prosecution if they have already received one or more out-of-court disposals, the offence is serious, or the youth has not admitted the offence and, therefore, specific out-of-court disposals cannot be given or are not appropriate.Youth out-of-court disposals are intended to prevent reoffending, but further offending indicates that attempts to divert the youth from the court system have failed.It is usually in the public interest to prosecute in such cases, unless there are clear public interest factors against prosecution.Public interest factors that can affect the decision to prosecute include: A prosecution should usually take place, unless there are public interest factors tending against prosecution which outweigh those tending in favour.Sometimes an out-of-court-disposal may serve the public interest better than prosecution.