They must comply with any disclosure guidelines issued by the Attorney General and with the Criminal Procedure Rules currently in force. Our system will help the law enforcing agencies to reduce the crime rate by identifying the crime percent of a particular city. Although the CPS claims to be demand led in its funding, with its services fluctuating with the number of cases put in front of it, critics such as the FDA Union have pointed to significant reductions in the size of the CPS. Sample Answer 1. For example, the police may well know particular people from their day-to-day work who could be prosecuted and be influenced by this knowledge. Communication Communication skills are important for any professional, as they allow you to give and receive important information when speaking with colleagues and management. The evidential stage of the Code test requires prosecutors to conduct an. This conversation was used as evidence to support the victims version of events. Furthermore, the internet search history from the offenders phone revealed that he regularly searched for and watched rape pornography in which women were asleep. There will be occasions where the suspect is telling the truth about some things but lying about others. Objectivity is important to make sure that cases are evaluated fairly, and that people feel the decisions made by the CPS are just. All cases where there is a decision to charge in a case alleging perverting the course of justice arising from a false or retracted complaint of rape or other sexual offence or domestic abuse; Cases involving the intentional or reckless sexual transmission of STIs; Any case where both the suspect and the complainant in a sex case were under 13 at the time the offence was committed; Any publications that are likely to lead to the identification of a complainant in a sexual offence, or any other breaches of reporting restrictions; Decisions on whether to appeal a terminatory ruling; All decisions to reinstitute proceedings other than VRR cases; Allegations of rape involving conditional consent. This Command Paper was laid before Parliament by a Government Minister by Command of Her Majesty. The balancing act between privacy and making sure the trial process is fair for all is increasingly complex. By the time they give their ABE interview, he or she may have adjusted to the idea of speaking out about what happened; they will have begun to gather and order their memories and most importantly, they are taken through their account by a trained interviewer who will guide them into giving a full account in a chronological order specifically for use in a criminal trial. Abu Hamza - hate preacher and incited to murder - police gave evidence but cps refused to prosecute at first The prosecution showed the texts proved the victim was in distress when she was with the offender, this contradicted his claim that sexual activity had been consensual. Not too many employees have the ability to be team players. Strengths and Weaknesses of the Crown Prosecution Service Strengths - They are independent from the police, they have a responsibility to: inform, consult and advise Weaknesses - Relationship with police is difficult e.g. a suspects reasonable belief in consent). Later that night, she messaged the offender apologising that she was not able to engage in anal sex as she had suggested earlier in the evening. If the crown court acquits you of an offence and the Crown Prosecution Services (CPS) appeals to the appeals court and wins on a question of law, your acquittal will remain the same. OK, that's all great in theory, but what do you actually need to do to discuss your strengths and weaknesses successfully? As the victim had blacked out, this digital evidence also helped piece together a timeline of the evening. Required fields are marked *. Again, this saves time and money. It also includes consideration of the reliability and credibility of witnesses, and advising on actions that can be taken to address weaknesses in the case. Whether you need to fix, build, create or learn, eHow gives you practical solutions to the problems life throws at you. 6108 (S.C.J.) The fact that that the CPS could then use their limited available resources to them so as to deal with more serious criminal matters in view of the fact that the CPS now covers significantly smaller geographical areas and is thus placed under notably more pressure to ensure that justice is seen to be done in a timely manner. Not as good salary as the top private practice jobs especially at experienced levels. The fact they might have previously consented to a type of sexual activity or even during the same occasion does not mean consent remains in place. Conversely, in the event that the conviction rate is very low then it is arguable that the police are bringing cases that should not have been brought, leading to unnecessary expenditure, delays and needless upset to all of the parties involved in a given case. How to Write a Critical Review of an Article, How to Analyse Secondary Data for a Dissertation, We use cookies which you can view and control. The Extradition Act 2003 tasks the CPS with representing foreign states in extradition proceedings, normally heard at Westminster Magistrates Court. There are a number of reasons why a complaint may emerge in an inconsistent way and those are matters on which a jury may be directed including the impact of trauma on memory (see section entitled impact of trauma below). A prosecution will usually take place unless there are public interest factors tending against prosecution that outweigh those tending in favour. Strong union and usually decent senior management. 'How did 13 women's testimonies secure the fate of se, A bogus doctor has been jailed today for forgery and fraud costing the taxpayer over 1m. Your email address will not be published. Prosecutors should assess the credibility and reliability of the suspects account by considering all the evidence available. The DPP is appointed by the Attorney General, who is accountable to Parliament for the work of the CPS. However, they should avoid unsubstantiated speculation. In the event that an allegations results in no further action, Sexual Risk Orders (SROs) remain available, They can be applied for by a Chief Officer of Police or the Director General of the National Crime Agency by way of complaint to a Magistrates Court. At some point during the interview process, you may be asked to describe your personal strengths and weaknesses. My recommendations will reduce the waste and delay caused by ineffective hearings and trials." Head of the National Audit Office Sir John Bourn Downloads She also claimed there were half as many rapists off the streets since he took charge. 102 Petty France, Pro & Cons of the Criminal Justice System. This file may not be suitable for users of assistive technology. This failure has been attributed to a variety of factors including threats by Saville and a failure of complainants to offer up sufficient evidence. He refused, and pinned her down so she was unable to move. *The Crown Prosecution Service (CPS) which decides if a suspect is charged. Crown courts have various advantages and disadvantages. How important is it in relation to the issues? I hope that this helps you understand the benefits of the CPS. Broken Men: Representing Masculinity in Salman Rushdie A discussion of Sewells remarks on environmental managers. The review should disregard factors that are irrelevant or based on myths or stereotypes (see Chapter 4 for further information on tackling myths and stereotypes). Strengths. Legal aid is available for defendants who claim they cannot afford legal fees. For each prosecution witness, identify the evidence that the prosecution witness will present against the defendant and explain how the prosecution will tie the evidence in proving the defendant's guilt (e.g., motive, method, etc.). The fact she had discussed the rape with the offenders ex-partner on Facebook messenger at a later date was also an important factor. We empower you to efficiently solve each new challenge and make your life better and easier. 3. The CPS is independent, and we. Well send you a link to a feedback form. How significant is it in the context of the other evidence in the case? However, the crown court has the power to place a Recovery of Defense Costs Order (RDCO) on the defendant if he is convicted. Their front office staff is very nice in treating their guest, as the guest arrived . There has been much discussion in recent months about how a rape complainants digital data is used in criminal proceedings. This would then be a subjective view on whether a prosecution was needed, rather than one that considers each case based on just the facts. There may be evidence of the complainant having sustained injuries; the suspects account is implausible or is undermined by other evidence; or there are partial admissions which support the complainants account. Communication skills- They need the ability to decipher a customer 's concerns and effectively communicate the procedure for dealing with them. Based on the analysis to have been completed during the course of this presentation, it is clear that there are a number of different advantages and disadvantages associated with the use of police led prosecutions. That is a reduction of a massive 185 million per year. If this report and my apology are to serve their full purpose, then this must be seen as a watershed moment.. It brings criminal cases to court that have been investigated by the police or other investigative services. The Director of Public Prosecutions (DPP) is the most senior public prosecutor in England and Wales (second only to the Attorney General and Solicitor General). In some, we are able to say have you thought about another angle on the evidence? he said. In magistrate's courts, decisions are made solely by the presiding magistrate and these decisions may not always favour the defendant. Later, she woke up naked next to a man in a room she did not recognise. Determination. Max Hill, the head of the Crown Prosecution Service, was accused by Baird of overseeing a catastrophic period in the organisations history. Defendants also have a right to expediency in their cases, and the delays may hinder the full realisation of this right. Not every undermining factor will be fatal to the prospects of conviction. The majority of victims know their rapists and often rape occurs within relationships. This could be your advantage and you should . Critical Thinking 7. information online. Prosecutors argued that because he was the only person in close proximity to the victim and was seen running away from the scene, he was responsible for the brutal rape which left the young teenager fearing for her life. However, the crown court has the power to place a Recovery of Defense Costs Order (RDCO) on the defendant if he is convicted. The victims intoxication meant she had memory blackouts of sections of the evening, but she remembered the rape. Tailor Your Answer 4. London, SW1H 9EA. The director of public prosecutions for England and Wales has been severely criticised by Vera Baird, the victims commissioner, for failing to take responsibility for a record-breaking low in rape convictions. It is a court with more power to convict serious offenders compared to the smaller magistrate's court. 3 (-) they ignore the victims wishes. Carmine Proofreading. 102 Petty France, It might sound trite, but it's also true: An answer that sounds genuine and authentic will impress, while one that sounds generic, calculated, exaggerated, or humblebraggy will do the opposite. You can change your cookie settings at any time. He told her the victim was upset and reassured her saying she could stay at his house and would be safe. There are two stages in the Code before they decide to bring a case, evidential and public interest. 13 geographical locations. Prosecutors must consider whether there is any material that may affect the assessment of the sufficiency of evidence, including examined and unexamined material in the possession of the police, and advise on any further reasonable lines of inquiry. Compared to the magistrate court, the crown court can hand down the maximum sentence and fines in any case it handles. Jayden Mathews started writing professionally in 2006. Consent can be withdrawn any time. These characteristics help create the positive work environment teams need to . This is due to the Code for Crown Prosecutors, which is used by every prosecutor for every case and makes sure the decision is made objectively. He risks greater punishment if convicted for a criminal case in a crown court. In forensic laboratories, any type of organism is identifiable through DNA analysis. How persuasive is it, in objective terms? The crown court deals with serious criminal cases, indictments and appeals that may originate from the magistrate courts. Witness testimony said they had only seen one person but described this man as a different ethnicity to the offender. The defendant had fled to Glasgow and told the person he was staying with that hed left as hed beaten someone badly, the prosecution said he was the one who had assaulted and raped the victim. She had already been through so much and we met with her before the trial so she was comfortable with her prosecution team and to talk about special measures available in court. The CPS started to operate in 1986. They will pursue the settlement of costs as expediently and economically as possible. I think Max Hill has presided as DPP over the most catastrophic period in the CPSs history for prosecuting rape, she said. xWMs6Wi(goIL39dzPdVF"mN,;RatCt&iXGh~wK,/= =n.iQm.mTjGsG^s Lack of independence from the policeThe most serious allegation against the CPS is that it has failed to fulfil its function as an independent body from the police, and has acquired a predisposition to prosecute. at para. 1. 2 (+) they save time and money. The provisions relating to the CBO are in Part 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (the "Act"). She also showed her parents and their statements to police were part of the prosecutions case. In court, it was explained to the jury that initial consent does not mean a person has consented to any type of sexual activity which follows. It is important that prosecutors do not miss opportunities to strengthen the prosecution case by securing and, where conditions for admissibility are satisfied in accordance with the case of R v Adam Eden [2011] EWCA Crim 1690, adducing evidence relating to psychiatric injury that may have resulted from the traumatic impact of the assault. These orders are generally made against an individual who has not been convicted or cautioned for the offence but who nevertheless is thought to pose a risk of harm to the public in the UK and or children or vulnerable adults abroad. Being vulnerable does not imply consent - if a person is unable to give consent because they are drunk, drugged or unconscious, it is rape. The prosecutor must consider the account provided by the suspect in interview. This has led to criticisms that the CPS is merely facilitating the fulfilment of the police services agenda, which is what the CPS was established to prevent. Rape and other serious sexual offences are devastating crimes that can have a lasting impact on their victims. It follows that prosecutors should consider the likely impact of any inconsistencies. This employer has not claimed their Employer Profile and is missing out on connecting with our community. The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales. In January 2010 the CPS was merged with the Revenue and Customs Prosecutions Office (RCPO) to create a new public prosecutions service. For the criminal justice system, DNA identification aids with apprehending criminals, exonerating wrongly accused people and identifying victims. rW6YT{b1Y& S.