Introduction to the Crown Prosecution Service
Role
The Crown Prosecution Service was set up in 1986 to prosecute criminal cases investigated by the police in England and Wales. In undertaking this role, the CPS:
- advises the police on cases for possible prosecution;
- reviews cases submitted by the police for prosecution;
- where the decision is to prosecute, determines the charge in all but minor cases;
- prepares cases for court; and
- presents those cases at court
Code for Crown Prosecutors
Before proceeding with a prosecution and charging a defendant, Crown Prosecutors review each case against the Code for Crown Prosecutors. The Code sets out the principles the CPS applies when carrying out its work.
Those principles are:
- whether there is enough evidence to provide a realistic prospect of conviction against each defendant on each charge; and, if so,
- whether a prosecution is needed under the public interest.
The Director is under a statutory duty to publish the Code for Crown Prosecutors. The fifth edition of the Code was published on 16th November 2004 and reflects the new responsibilities for Crown Prosecutors to determine charges.
Human Rights Act
The CPS is a public authority for the purposes of the Human Rights Act 1998. In carrying out their role, Crown Prosecutors must apply the principles of the European Convention on Human Rights in accordance with the Act.
Organisation
Richard Foster, Chief Executive
The CPS is headed by the Director of Public Prosecutions (DPP), Ken Macdonald QC. The Director is superintended by the Attorney General who is accountable to Parliament for the Service. The Chief Executive is Richard Foster, who is responsible for running the business on a day-to-day basis, and for human resources, finance, business information systems, and business development, allowing the Director to concentrate on prosecution, legal issues and criminal justice policy. Casework Directorate, based in Headquarters, deals with the prosecution of serious and organised crime, terrorism and other specialised prosecution cases.
CPS Areas
The CPS has 42 Areas across England and Wales. Each Area is headed by a Chief Crown Prosecutor who is responsible for the delivery of a high quality prosecution service to his or her local community. A new 43rd Area, CPS Direct, is also headed by a Chief Crown Prosecutor providing out-of-hours charging advice to the police.
Each Chief Crown Prosecutor is supported by an Area Business Manager, and their respective roles mirror, at a local level, the division of responsibilities between the DPP and the Chief Executive. Administrative support to the Areas is provided through a network of business centres.
