Crown Prosecution Service

Crown Prosecution Service
Crown Prosecution Service · Public domain · source
Name	Crown Prosecution Service
Abbreviation	CPS
Formation	1986
Founder	Michael Howard
Type	Departmental public body
Location	London
Headquarters	Strand
Region served	England and Wales
Leader title	Director of Public Prosecutions
Leader name	Max Hill
Parent organization	Attorney General for England and Wales

Crown Prosecution Service

The Crown Prosecution Service is the principal prosecuting authority for criminal offences in England and Wales, responsible for conducting prosecutions authorised by the Attorney General and for advising police forces such as Metropolitan Police Service, West Midlands Police, and Greater Manchester Police. Established by statute during the tenure of Margaret Thatcher's government under Michael Howard, the service interacts with institutions including the Court of Appeal (England and Wales), the Supreme Court of the United Kingdom, and agencies like Serious Fraud Office and National Crime Agency. Its work touches high-profile cases involving figures such as Rebekah Brooks, Raoul Moat, and events like the Manchester Arena bombing prosecutions.

History

The CPS was created by the Prosecution of Offences Act 1985 to centralise prosecution decisions previously made by police forces across jurisdictions like Greater London and Merseyside. Early directors navigated cases stemming from incidents such as the Hillsborough disaster and inquiries like the Bloody Sunday Inquiry, engaging with legal frameworks developed in response to precedents set by the House of Lords and later the Supreme Court of the United Kingdom. Over successive administrations—from John Major to Tony Blair and David Cameron—reform programmes influenced by reports from bodies including the Home Affairs Select Committee and recommendations following the Macpherson Report shaped CPS policies on racial bias and victim support. High-profile prosecutions under CPS oversight involved cases linked to individuals like Harvey Weinstein (in cross-border cooperation), corporate investigations involving Rolls-Royce and collaboration with international tribunals such as those connected to International Criminal Court inquiries.

Organization and Governance

The CPS is headed by the Director of Public Prosecutions, appointed with input from the Attorney General and accountable to Parliament through committees like the Justice Select Committee. Regional organisational structures mirror police boundaries, coordinating with forces like Thames Valley Police and Devon and Cornwall Police via Crown Prosecution Service Areas. Governance incorporates statutory frameworks established by acts such as the Prosecution of Offences Act 1985 and policy guidance informed by judgments from courts including the Court of Appeal (England and Wales). The CPS liaises with devolved bodies in Scotland and Northern Ireland on cross-border matters while maintaining relationships with international agencies such as Europol and the European Court of Human Rights where human rights issues arise.

Functions and Powers

The CPS prosecutes indictable and summary offences tried at venues ranging from Magistrates' Court to Crown Court and the Old Bailey. It determines charges, allocates resources for trials, and issues legal guidance used in cases involving statutes like the Sexual Offences Act 2003 and the Human Rights Act 1998. Powers include instituting or discontinuing prosecutions, offering binding plea agreements in complex fraud matters akin to deferred prosecution models seen in cases involving entities like HSBC, and presenting evidence before judges such as those on the King's Bench Division. The CPS also provides legal advice to police during investigations analogous to collaborations with specialist units like the Counter Terrorism Command.

Casework and Decision-Making

Prosecutors apply the Code for Crown Prosecutors, balancing evidential tests shaped by precedents including rulings from the Supreme Court of the United Kingdom and the European Court of Human Rights. Decision-making often involves liaison with forensic services such as Forensic Science Service and expert witnesses from institutions like University College London and King's College London. High-profile casework has addressed sexual offences, organised crime connected to groups investigated by National Crime Agency, and complex corporate fraud prosecuted with assistance from the Serious Fraud Office. Case preparation considers disclosure obligations elucidated in cases like R v Stinchcombe (Canadian precedent parallels) and domestic rulings on disclosure reform debated before the Court of Appeal (England and Wales).

Legal Framework and Oversight

Statutory foundations include the Prosecution of Offences Act 1985 and operational guidance under the authority of the Attorney General. Oversight mechanisms encompass reviews by parliamentary committees such as the Public Accounts Committee and judicial scrutiny through appellate courts including the Court of Appeal (England and Wales). External oversight has involved independent inquiries following miscarriages of justice spotlighted by panels like the Criminal Cases Review Commission and judicial reviews brought before the High Court of Justice. International legal obligations under conventions ratified by the United Kingdom necessitate compliance with rulings from bodies like the European Court of Human Rights.

Criticism and Controversies

The CPS has faced criticism over handling of cases involving high-profile individuals including coverage related to Jimmy Savile investigations, alleged failures highlighted in the wake of the Rotherham child sexual exploitation scandal, and delays criticised in prosecutions arising from the Grenfell Tower fire inquiry. Concerns have been raised by advocacy organisations such as Liberty (human rights organisation) and Victim Support about disclosure practices, resource constraints, and consistency in charging decisions—debates echoed in reports by the National Audit Office. Controversies also emerged in prosecutions involving corporate defendants like JP Morgan where international cooperation and deferred settlements prompted scrutiny. Parliamentary debates in venues including the House of Commons and reports from the Home Affairs Select Committee continue to challenge CPS policy, resourcing, and transparency.

Category:Law enforcement in England and Wales