Focus 9. On the contrary, a decision made by the magistrate court and appealed by the CPS at the high court may be overturned and you may be sentenced. 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. One question which regularly crops up in the interview script is "What are your strengths and weaknesses?" In this blog post, we have come up with some of the best answers to this frequently asked question on strengths and weaknesses. murder, rape) and all other criminal offences that lay beyond the prosecutorial authority of the police. Plenty of opportunity for movement and progression for those who are organised. A prosecution will usually take place unless there are public interest factors tending against prosecution that outweigh those tending in favour. Firstly, there were images of the victim naked and being sexually assaulted. The prosecutor on the case said: We knew this was someone who was completely traumatised by what had happened to her. Self-Learner 4. The Crown Prosecution Service is responsible for charging suspects with felonies (e.g. It also provides information, assistance and support to victims and prosecution witnesses. On the other hand, the government may well have a particular political agenda that they want to fulfil when making prosecutions. The Crown Prosecution Service Due to the complexity or seriousness of cases handled by the crown court, the process may be lengthy. It represents a clear articulation of the role that the CPS can play in driving a step change for the criminal justice system as a whole - a turning . Not as good salary as the top private practice jobs especially at experienced levels. The issue of potential contamination and collusion arises frequently in multi-victim child abuse cases (e.g. Ultimately, a prosecutor must decide if the. They will pursue the settlement of costs as expediently and economically as possible. Psychoanalysis, originally intended as a theory to explain therapeutic or psychological concepts, explains the nature of human development and all aspects of mental functioning. You can always mention that you are very flexible when it comes to daily tasks. 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. Max Hill the Director of Public Prosecutions has said, The whole criminal justice system is not where it should be on the prosecution of rape. 13 geographical locations. The DPP is appointed by the Attorney General, who is accountable to Parliament for the work of the CPS. Prosecutors should consider whether there is any evidence that suggests the witnesss account is not credible or plausible. This position was reversed again in light of the 2010 Spending Review. It is important that the job holder can quickly review and evaluate files and identify issues to . Careers offered by the CPS are focused on delivering justice for those accused of a crime and, in turn, making a difference to the society we live in. They are expecting an inspection report on Friday and it seems to me they are trying to pre-empt it because it is likely to be poor. When you complete this list, choose three to five of those strengths that match what the employer is seeking in the job posting. On the contrary, the magistrate's court does not order defendants to pay these costs. A man who followed an intoxicated teenager off the bus and violently raped her was convicted of rape and kidnap with intent to commit a sexual offence in 2020. This guidance assists our prosecutors when they are making decisions about cases. He has been jailed for life with a minimum term of 12 years. IV. The victim was left with severe injuries after being strangled and assaulted by the rapist. SIR - The police officer who addressed the press on the steps of the court after the acquittal of Nigel Evans revealed the secret of where the Crown Prosecution Service is going so badly off . This leads to uncertainty in the law. This can have an effect on firsthand witness accounts, as witnesses may forget some of the events they witnessed in a crime scene. Not every undermining factor will be fatal to the prospects of conviction. Every year since 2010, the CPS prosecuted 3,900-ish cases. The pair had engaged in consensual sexual activity on two previous occasions and on the day of the rape, the victim texted the offender to suggest they meet for anal sex. Your business strengths and weaknesses are the areas in which your business excels and those where you fall behind the competition. Prosecutors cannot assume that at this early stage the complainant is always able to give a coherent, chronological account for evidential purposes. The CPS started to operate in 1986. 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. Lack of effectivenessThere have previously been concerns that a number of high profile cases have collapsed in court because of a failure by prosecutors at the CPS to disclose key evidence as required to the defence. One of the primary advantages of the CPS is that it is independent, from both the police and the government. The CPS is the Crown Prosecution Service in England and Wales. Prosecutors must be familiar with the internal rules governing authorisation to charge, case handling decisions and briefings to the DLS which can be found here. Roles advertised by the CPS are location-specific and vary in the level of seniority in the CPS. PDF, 174 KB, 22 pages. If it is admissible how would be it be admitted and what affect might that have on its impact? London, SW1H 9EA. The provisions come into force on 20 October 2014. There are half the number of rapists off the streets than there were before Max Hill became DPP, she said. The issues may be lack of consent or reasonable belief in consent. My greatest strength is my fast-learning skills. One person's word can be sufficient to provide a realistic prospect of conviction. He gave the friend his number and she later messaged him to thank him for looking after the victim. Additional public interest factors listed under the specific offence categories in the Key Legislation section of this guidance should also be considered when determining whether the public interest supports a prosecution. The second stage in the Code for Crown Prosecutors is the public interest stage. 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. They receive legal advice from court clerks regarding issues of the law and thus they may not be able to make very informed decisions. Where a prosecutor has made a decision that there is insufficient evidence upon which to prosecute a case he/she should in appropriate cases remind the police of their ability to apply for an SRO. On the finances of the CPS, I . However, by establishing the appropriate context, you can give hiring managers an honest, thoughtful answer that highlights both your self-awareness and professionalism. In the year ending March 2019, 5.3 million crimes were recorded by police in England and Wales, compared with 3.9 million in 2011/12. Since the inception of the CPS, it has been beset by funding problems and criticisms that it is centralised, bureaucratic, ineffective and too close to the police. The crown court system was created by the Courts Act of 1971. at para. Dont worry we wont send you spam or share your email address with anyone. When a person first reports a sexual offence, he or she may be upset, embarrassed, possibly frightened or angry. At some point during the interview process, you may be asked to describe your personal strengths and weaknesses. Collaboration 12. However, even then, if there have been a series of rapes, perhaps over a long period of time, or for other reasons it may still not be possible for a complainant to recall precisely what happened and when. This means that if the crown court rules that the facts surrounding your case are correct and not in dispute, then no appeal can overturn your acquittal. 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. It has been suggested that the reduction in prosecutions is a function of a drop in referrals by the police. Kindness 6. Download. 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. Prosecutors should assess the credibility and reliability of the suspects account by considering all the evidence available. Legal aid is available for defendants who claim they cannot afford legal fees. Oxford University Press, 2015) J Ward, Transforming Summary Justice through Police-led Prosecution and Virtual Courts Is Procedural Due Process Being Undermined? (2014) 55(2) British Journal of Criminology 341, Copyright Sofia, Bulgaria, 2023. The friend texted her the details of the victims own address to help her get home. In any event the mere fact that a complaint emerges in an inconsistent way does not mean it is untrue. *There are also other agencies e.g. The Crown Prosecution Service (CPS) is an independent judicial agency responsible for the preparation and presentation of criminal prosecutions in the UK. However, it became clear when it was repeated that this was intentional. Guidance is here. They can also change over time as your business grows and the market evolves. *Forensic scientists who interpret the evidence. Sole or single proprietorship. Evidence of inconsistency does not necessarily mean that an account is unreliable or lacking credibility. The figures are not directly comparable over time, as recording practices change, although there has evidently been a rise in recorded crime. The Crown Prosecution Service is responsible for filing criminal action in most cases, as well as for the final decision regarding the archiving of investigations. You can change your cookie settings at any time. Even in these cases, it is not unusual that the evidence consists of more than merely two opposing counts of equal credibility. The CPS is responsible for deciding which cases should be prosecuted and what the appropriate charges are in more complex cases, as well as advising the police in the early stages of an investigation. This includes advising the police on potential prosecutions and assuming control of prosecutions initiated by the police. In some, we are able to say have you thought about another angle on the evidence? he said. The victim had been on a night out with her friends and blacked out early in the evening. To highlight case building opportunities. 2. Honesty. 1. 2 (+) they save time and money. Failure to prosecute crimeCritics of the CPS point to the fact that despite the level of crime rising, the level of prosecutions being brought by the CPS has been falling. Strengths. This document contains the following information: Review of the Crown Prosecution Service: summary. Ref: ISBN 9780101397223, Cm. The case below demonstrates how both these obstacles were overcome. 1. Prosecutors should be aware that the jury is entitled to reject the suspects account based on the complainants evidence alone. Where these circumstances apply, this is likely to strengthen the prosecution case and an adverse inference may be drawn by the court. 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. Communication skills- They need the ability to decipher a customer 's concerns and effectively communicate the procedure for dealing with them. Prosecutors must not introduce a requirement for corroboration in the review process - one person's word can be enough (and often is) but the quality of the evidence must be assessed in the manner described above. We use some essential cookies to make this website work. In 2019, a man was prosecuted and convicted for four counts of rape which had occurred more than 10 years earlier in a long-term relationship. rW6YT{b1Y& S. Sir Keir Starmer was not directly involved in the case. between the initial account provided to the first response officer and the subsequent ABE interview), prosecutors lacking an understanding of the neurological impact of trauma and how it can account for differences in the way an incident is recalled, disclosed or developed by a complainant, may reach erroneous or unfair conclusions about the reliability and credibility of the complainants evidence. Professional Proofreading and Copy-Editing. The prosecutor must consider the account provided by the suspect in interview. The crown court system was created by the Courts Act of 1971. Certainly the last one said that there was a lack of awareness in the CPS on trauma. While it acts on the foreign prosecutors instructions, the CPS retains a discretion on how the case should be prosecuted.