There are, however, many factors, which may influence consideration of the public interest in prosecution, especially in relation to offending by youths. This is because a high conviction rate could possibly be construed to mean that the police are risk averse due to their only bringing cases where the evidence is overwhelming. That is a reduction of a massive 185 million per year. All Rights Reserved. The test for rape and serious sexual offences prosecutions is the same as for any other offence: In accordance with paragraph 3.3 of the Code prosecutors must have regard to the impact of any failure on the part of the police to pursue an advised reasonable line of inquiry or to comply with a request for information, when deciding whether the application of the Full Code Test should be deferred or whether the test can be met at all. During consensual vaginal sex, the offender had penetrated her anus and she had initially believed this to have been an accident. The issue of potential contamination and collusion arises frequently in multi-victim child abuse cases (e.g. Crown prosecutors are appointed not elected and are not public servants; they are private counsel briefed by the . I have been a restaurant server, a tutor, and a health aide in the past decade, all jobs that require plenty of energy and endurance. When considering diversion in youth cases prosecutors should refer to the Youth Cautions section of the Youth Offenders legal guidance. Jury decision-making combined with that of the judge contribute to lower rates of conviction for the sake of conviction. Legal aid is available for defendants who claim they cannot afford legal fees. To reach a Code compliant decision, prosecutors will need to be aware of all the potential impacts of trauma to fairly assess the credibility and reliability of the complainant. 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. Crown Prosecution Service has a separate website The CPS is responsible for prosecuting criminal cases investigated by the police and other investigative authorities, in England and Wales. The evidential stage of the Code requires prosecutors to consider whether evidence is reliable or credible. 2 (-) they may lack independence~rely on the police too much for information. The timing of these text messages was fitted into the timeline along with CCTV evidence of the woman taken from the town centre had helped piece together. The incident was interrupted when a nearby resident saw what was happening and called the police. First complaint, manner and demeanour, and consistency may also be important. The Crown Prosecution Service (CPS) is an independent judicial agency responsible for the preparation and presentation of criminal prosecutions in the UK. '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. Prosecutors must have an understanding of the vulnerability of victims and the impact of trauma and when evaluating a case and should refer to the Toolkit for prosecutors on VAWG cases involving vulnerable witnesses which sets out the issues to consider relating to a vulnerable victims account and provides guidance in relation to how offenders might exploit these vulnerabilities to avoid detection. In addition, this could change according to which political party is in power and what its policies are. 102 Petty France, It is underpinned by a commitment to making sure the right person is prosecuted for the right offence. In the summer of 2019, a man was prosecuted for one count of sexual assault and one count of assault by penetration after attacking a university student who was asleep or unconscious, following a night out drinking. Firstly, there were images of the victim naked and being sexually assaulted. As a result, Police-led prosecutions consequently play a key role in being able to specifically streamline the system of criminal justice with regard to the resolution of individual cases end-to-end process. The offender claimed the sex was consensual but his phone provided two key pieces of digital evidence. Police-led prosecutions could also, therefore, serve to improve quality and efficiency with regard to the way in which minor criminal offences are to be dealt with. 1. Evidence taken from the victims phone was essential to the prosecution case. 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. Once it becomes clear that a case is not going to meet the Code Test it is important to take a decision as soon as possible so that those impacted can be informed promptly. Prosecutors should consider whether there is any evidence that suggests the witnesss account is not credible or plausible. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. For example, in 2018/19, there were 5,684 full-time equivalent CPS staff in post compared with 8,094 in 2010/11. When the police decide at the conclusion of an investigation that they cant take any further, we have set up scrutiny panels where we will say bring us a selection of those cases. The fact her friend had sent her details of her own address helped prove she was too intoxicated to be able to consent to sexual activity. 1. They said they approached cases with a view to focus on the weaknesses rather than the strengths. Prosecutors must assess each undermining feature objectively and then the cumulative effect in the overall context of the strengths of the case. Strengths include knowledge, attributes, skills, and talents. Provides Security of personal information by the Admin and User login, thus our project is more secure. Strengths and weaknesses of business types. This guidance assists our prosecutors when they are making decisions about cases. But for critics of the crown prosecutor, the figures are indicative of a system that is not working effectively to prosecute crime. The figures are not directly comparable over time, as recording practices change, although there has evidently been a rise in recorded crime. Society is entitled to expect a highly professional. He gave the friend his number and she later messaged him to thank him for looking after the victim. Not every undermining factor will be fatal to the prospects of conviction. This could be your advantage and you should . Command Papers are considered by the Government to be of interest to Parliament but are not required to be presented by legislation. The CPS has published an update on its handling of rape and serious sexual offences that also highlights plans to recruit more specialist rape prosecutors and improve victim support. By reviewing the job description, digging into the company values, and taking other steps, you can find out which strengths match its priorities. At the same time, the number of cases brought to magistrates courts is down from approximately 641,000 to 539,000. Consent can be withdrawn at any time during sexual activity and each time activity occurs There is a myth that if you consented to some sexual activity, you consent to all types of sexual activity, or if you have consented to a specific type of sexual activity previously, you will consent again in the future. 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. Their front office staff is very nice in treating their guest, as the guest arrived . That it should not be assumed that everything will be easier and more efficient with greater reliance upon the use of police led prosecutions as opposed to relying upon the work of the CPS to free its up for dealing with more significant criminal offences. 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. Every year since 2010, the CPS prosecuted 3,900-ish cases. Collaboration 12. 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). Police-led prosecutions in relation to minor criminal offences could also serve to reduce the level of bureaucracy and delays in the achievement of justice when it comes to the resolution of individual cases to save money and available resources within the criminal justice system. A series of text messages the victim had sent to a friend provided vital evidence. % It is a court with more power to convict serious offenders compared to the smaller magistrate's court. The prosecutor on the case said: We knew this was someone who was completely traumatised by what had happened to her. One person's word can be sufficient to provide a realistic prospect of conviction. This independence is vital to ensure a fair justice system. My positive attitude is definitely one of my strengths. Excerpts and links may be used, provided that full and clear credit is given to Carmine Proofreading with appropriate and specific direction to the original content. 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. A question of law concerns how the judge interpreted the law. 4. He has been jailed for life with a minimum term of 12 years. Ultimately, a prosecutor must decide if the combined effect of such factors after an objective analysis is such that the evidential stage is not met. Guidance is here. In addition. He said that far too few rape cases were reaching the CPS because of decisions made by the police. An independent prosecution service. Appearing on the same programme, Baird was asked which organisation. information online. Objectivity is important to make sure that cases are evaluated fairly, and that people feel the decisions made by the CPS are just. Critical Thinking 7. Be honest. Tailor Your Answer 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. In deciding whether to bring a case, the prosecutors must also examine the available evidence and determine whether it is reliable and usable in court. And I could hear Justin [Webb, the presenter] interviewing Max Hill expecting him to accept some blame, but he didnt. The Australian Crime Commission: the sentencing of offenders in the New South Wales criminal justice system Cases: - R v Dean [2013] NSWSC 1027 - R v David John STEVENS [2014] NSWDC 197 Section One Case 1: R v Dean [2013] Elements of the offence: Actus Reus: Roger Dean pleaded guilty to eleven counts of murder by way of reckless indifference to human life, and eight counts of recklessly . 3. They are among the most challenging crimes to prosecute, and every CPS lawyer working. The messages were confused and short, due to the victims intoxication, but it was clear she was asking for her friend to come to her as someone had got her. Hill, who took over as DPP from Alison Saunders in 2018, said earlier on the same programme that he was deeply frustrated that so many women who suffer sexual violence, feel a lack of confidence in the entire criminal justice system. Positive attitude. the prosecutor is satisfied that a prosecution is required in the public interest. The friend texted her the details of the victims own address to help her get home. An increased conviction rate of 60% is not much use if you are prosecuting very few 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. 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). These messages demonstrated the level of the victims intoxication and her attempts to get home. Prosecutors follow the Code for Crown Prosecutors and must be fair, objective and independent. Many job candidates are unsure how to approach this question. It does not automatically follow that if there is sufficient evidence, there will always be a prosecution. 2. We empower you to efficiently solve each new challenge and make your life better and easier. With all this evidence the jury were left in no doubt the defendant was responsible and found him guilty of rape and kidnap with intent to commit a sexual offence. It is an independent body and works apart from the government and police to ensure it is neutral. The crown court system was created by the Courts Act of 1971. Want help proofreading your work? You can collaborate well with your colleagues and you are ready to make corrections when needed. That evening, the victim had contacted her friend in distress outside the club, because she did not have money to get home and was drunk. government's services and murder, rape) and all other criminal offences that lay beyond the prosecutorial authority of the police. Not too many employees have the ability to be team players. It has been suggested that the reduction in prosecutions is a function of a drop in referrals by the police. This is advantageous because he is better placed at understanding the law and thus makes more informed decisions than a magistrate would. Fear of Failure 2. How persuasive is it, in objective terms? It is important that each case is considered on its own merits and the account must be considered in the context of all the other evidence. 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. Throughout the evening, they again engaged in consensual sex, before the offender forcefully penetrated her anus on three occasions despite her asking him to proceed slowly and then asking him to stop. They can include anything from your product to your processes, supply chain or company culture. The majority of victims know their rapists and often rape occurs within relationships. Where, for example, there are inconsistencies in the recorded accounts of complainants (e.g. 3. They also give a good example to practicum students and train them with the hotels standards. The inspection found that, despite the CPS' anecdotally poor reputation it generally deals with defence correspondence quickly and effectively. This might involve scrutiny of accounts given of the event, forensic examination and careful consideration of digital material and CCTV coverage. Her Majesty's Crown Prosecution Service Inspectorate (HMCPSI) has therefore conducted an inspection to test this view and this report sets out the findings. However, concerns about his sexual behaviour during the course of their relationship led the victim to eventually contact police. Professional weaknesses and strengths have many examples with diplomatic answers. One advantage of crown courts is that they have lower acquittal rates compared to magistrate courts. Zholia Alemi forged N, Prosecuting complex rape cases - case studies, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Information for prosecuting advocates including Advocate Panels, Annual reports, business plans and strategies. Vera Baird, victims commissioner, says DPP has overseen catastrophic period in CPSs history. If this report and my apology are to serve their full purpose, then this must be seen as a watershed moment.. 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. To ensure the quality of prosecutor decision-making is as informed as possible. CCTV footage from the bus showed a man following the victim as she disembarked and then running in her direction moments before she was attacked from behind. 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. Determination. My greatest strength is my fast-learning skills. 2. The lack of rights for both defendants and victims - right to silence, right to bail, asking for your rights, free legal advice. In Western Australia, they are referred to as State prosecutors.. Crown prosecutors represent the Crown in right of the Commonwealth and in right of each state or Territory in criminal proceedings. Children will reach a different level of . Strong union and usually decent senior management. Respectfulness. Here we will discuss some exclusive strengths that can be handy in most cases. Potential inconsistency encompasses two main possibilities (neither of which should be elevated to the status of actual inconsistency), described, for these purposes, in these terms: Apparent inconsistency, where the point depends on the reliability of the report against which an account is being compared and. Dedication. Communication skills- They need the ability to decipher a customer 's concerns and effectively communicate the procedure for dealing with them. 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. In magistrate's courts, decisions are made solely by the presiding magistrate and these decisions may not always favour the defendant. The following case studies are real examples which illustrate our commitment to prosecute whenever the legal test is met, no matter how complex the case. what you think by taking our short survey, Reality TV star Stephen Bear has been sentenced to 21 months imprisonment today for voyeurism and two counts of, A Chelsea supporter has been banned from football for three years for a racially aggravated public order offence, The CPS has authorised the @metpoliceuk to charge Constance Marten and Mark Gordon with gross negligence manslau, Coming up in the next edition of our community newsletter: Prosecutors need to be aware of the impact of trauma for many reasons, including: Trauma does not have a uniform impact on victims. Prosecutions should be done by an independent body to ensure that there is not an ulterior motive to taking a case to court. It is essential that prosecutors do not introduce a requirement for corroboration in their review process or identify the one versus one feature of the case as a negative in their assessment of the evidence. That is where early advice comes in, case progression clinics come in. You can always mention that you are very flexible when it comes to daily tasks. 3 (-) they ignore the victims wishes. You have rejected additional cookies. A willingness to pitch in when. Psychoanalysis, originally intended as a theory to explain therapeutic or psychological concepts, explains the nature of human development and all aspects of mental functioning. I came across this job on LinkedIn that requires an individual who is focused and loves to learn new things, which generated my interest in this position. News stories, speeches, letters and notices, Reports, analysis and official statistics, Data, Freedom of Information releases and corporate reports. }bK1~Y?=h tx`5`9 6[QO'h~g L =!&+&\=A3Y A$G Prosecutors should assess the credibility and reliability of the suspects account by considering all the evidence available. Download. They will pursue the settlement of costs as expediently and economically as possible. The issues may be lack of consent or reasonable belief in consent. Each company's policy for handling irate customers may differ, but a customer care representative needs the ability to stick to policy and avoid emotional responses. The wider Crime Survey also found recent steep increases in robbery and theft. Ultimately, a prosecutor must decide if the. He or she may say the most recent thing that happened and if there has been a series of events, this wont always be the most serious incident; they may only give half the story because they dont know how the listener will react; a young person or a child may deny that anything happened at all, through shame or fear of the consequences. 1 (-) they spend too much time in administration. Max Hill, the head of the Crown Prosecution Service, was accused by Baird of overseeing a catastrophic period in the organisations history. 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. Many victims feel reluctant to report rape, including if the offence took place between two people in a relationship. The Crown Prosecution Service is responsible for prosecuting criminal cases investigated by the police in England and Wales. Prosecutors cannot assume that at this early stage the complainant is always able to give a coherent, chronological account for evidential purposes. Creativity 3. He refused, and pinned her down so she was unable to move. This can have an effect on firsthand witness accounts, as witnesses may forget some of the events they witnessed in a crime scene. We will start by looking at what the CPS is and how it works, then move on to look at why it is so important. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. With apparent inconsistency it is important to consider the possibility that other reports may not be accurate, independent or reliable - not every apparent inconsistency is real. It is essential that any assessment of an undermining factor takes account of how significant it is in relation to the issues and in the context of the other evidence. Again, this saves time and money. Every year since hes arrived theyve prosecuted less than 2,000. The Crown Prosecution Service says it is 'completely untrue' to say the advice at its workshops signalled a change of approach to rape cases. CPS policy and legal guidance is intended to support prosecutors in their decision making and in the proper application of the Code. While it acts on the foreign prosecutors instructions, the CPS retains a discretion on how the case should be prosecuted. Appearing on the same programme, Baird was asked which organisation should accept the blame for the poor rape conviction rates. In addition, the prosecutors should consider what the defence case will be and how this will affect their own case. Nonetheless in 2013 following a report by Alison Levitt QC, Sir Keir issued a statement that said, I would like to take the opportunity to apologise for the shortcomings in the part played by the CPS in these cases.