Crown Prosecution Service

Crown Prosecution Service
source
Agency name	Crown Prosecution Service
Formed	01 October 1986
Preceding1	Director of Public Prosecutions
Jurisdiction	England and Wales
Headquarters	London, United Kingdom
Employees	5,000+
Budget	£500+ million
Minister1 name	Attorney General for England and Wales
Minister1 pfo	Superintending Minister
Chief1 name	Director of Public Prosecutions
Chief1 position	Head of Service
Website	cps.gov.uk

Crown Prosecution Service. The Crown Prosecution Service is the principal public prosecuting agency for conducting criminal prosecutions in England and Wales. Established by the Prosecution of Offences Act 1985, it is headed by the Director of Public Prosecutions and operates under the superintendence of the Attorney General for England and Wales. The service is responsible for advising police forces during investigations, deciding on charges, and preparing and presenting cases in the Magistrates' Court and the Crown Court.

History

Prior to the creation of the Crown Prosecution Service, criminal prosecutions in England and Wales were largely initiated and managed by local police forces, a system with roots in the 19th century. This arrangement was widely criticised following the Report of the Royal Commission on Criminal Procedure in 1981, which highlighted inconsistencies and a lack of independent scrutiny. The subsequent Prosecution of Offences Act 1985, passed during the premiership of Margaret Thatcher, formally established the CPS, which began operations in October 1986. Key figures in its early development included the first Director of Public Prosecutions under the new system, Sir Thomas Hetherington. The service underwent significant reform following the Criminal Justice Act 2003 and the Gildewell Review in 1998, which recommended structural changes to improve efficiency. Landmark cases such as the prosecution following the Stephen Lawrence inquiry have profoundly influenced its policies on racially and hate-motivated crimes.

Structure and organisation

The Crown Prosecution Service is organised into 14 regional areas across England and Wales, each led by a Chief Crown Prosecutor, with headquarters in London. The service is divided into several specialised divisions, including the Special Crime and Counter Terrorism Division, which handles complex cases like terrorism and war crimes, and the CPS Proceeds of Crime Division. It works closely with other national agencies such as the Serious Fraud Office, the National Crime Agency, and His Majesty's Courts and Tribunals Service. The head of the service is the Director of Public Prosecutions, a role held by individuals such as Sir Keir Starmer and Alison Saunders. Operational guidance is provided by the Code for Crown Prosecutors and various legal manuals, with strategic oversight from the Attorney General for England and Wales.

Role and functions

The core function of the Crown Prosecution Service is to prosecute criminal cases investigated by the police and other investigative bodies like the Department for Work and Pensions. Its lawyers review evidence submitted by investigators, applying the two-stage test in the Code for Crown Prosecutors to determine if a prosecution is needed in the public interest. The CPS prepares cases for all levels of criminal court, from the Magistrates' Court to the Crown Court, and provides legal advice to police forces from the early stages of investigations. It also handles appeals against unduly lenient sentences to the Court of Appeal and prosecutes contempt of court proceedings. Furthermore, the service has specific units for areas like rape and serious sexual offences, and it issues guidance on topics ranging from social media offences to assisted suicide.

Decision to prosecute

The decision to prosecute is governed by the Code for Crown Prosecutors, which sets out the full code test. This test has two stages: the evidential stage and the public interest stage. First, prosecutors must be satisfied there is sufficient evidence to provide a realistic prospect of conviction against a defendant. If this evidential threshold is met, they must then consider whether a prosecution is required in the public interest, weighing factors such as the seriousness of the offence, the culpability of the suspect, and the impact on the victim. This process is independent of police forces and political influence, though certain sensitive cases may be referred to the Attorney General for England and Wales. The principles were notably examined in cases like the prosecution of Conservative Party MPs for parliamentary expenses fraud and decisions not to prosecute following the Death of Jean Charles de Menezes.

Criticism and controversies

The Crown Prosecution Service has faced sustained criticism and several high-profile controversies throughout its history. It has been scrutinised for low prosecution rates for crimes such as rape and domestic violence, leading to reviews and the establishment of specialist units. Decisions not to prosecute in cases like the Death of Ian Tomlinson have sparked public debate and judicial reviews. The service has also been criticised for its handling of high-profile fraud cases, including those related to the Libor scandal, and for perceived inefficiencies causing court delays. Controversies surrounding the prosecution of journalists under the Official Secrets Act 1989, such as during the Plebgate affair, and allegations of political bias in cases involving figures like Lord Janner have further challenged its public perception. Reforms often follow major inquiries, such as those prompted by the Macpherson Report into the Stephen Lawrence murder.