Explain what the CPS will do in domestic violence cases, and describe their role in the case up to conviction or equital?
MUST MEET FULL CODE TEST
Evidential Stage – Ensure sufficient evidence to anticipate a realistic prospect of conviction against each defendant on each charge, and the jury will be more likely to convict as a result. The CPS will encourage police to use ACPO guidance to gather a wide range of evidence.
Public Interest Stage – Conviction is more likely to result in a significant sentence if the:-
• Offence involved a weapon or threat of violence
• Offence was carried out in the presence of a child
• Suspects previous conviction is relevant to the offence
The prosecutor must also consider the views of the victim in regard to the impact of the offence. With sexual offences the safety of victim and children must be considered.
CPS will only begin a prosecution when both these tests are met.
CPS DECIDE NOT TO CHARGE, TO DROP OR ALTER A CHARGE
If the CPS makes the decision to not to charge the perpetrator or decides to drop the charges or maybe alter the initial charges, they should inform the victim within one day if they are considered to be an intimidated witness and within five days for all other victims.
In sexual offence cases if CPS drops or substantially reduces charges the specialist prosecutor will refer the case to a second specialist rape prosecutor before the final decision is made. If the decision is upheld the CPS should tell the victim within one day and offer them a meeting with the prosecutor for a fuller explanation.
The decision whether or not to keep the accused on remand is made by the police until they appear in court which is usually the following day.
ROLE OF THE COURT
The role of the court is to determine whether or not a crime has been committed and impose a sentence where appropriate. In the first instance the alleged offender will appear in the magistrates court where it will be decided whether or not to grant bail or remand in custody
The victim is not required to attend court at this stage however the victim’s are
Evidential Stage – Ensure sufficient evidence to anticipate a realistic prospect of conviction against each defendant on each charge, and the jury will be more likely to convict as a result. The CPS will encourage police to use ACPO guidance to gather a wide range of evidence.
Public Interest Stage – Conviction is more likely to result in a significant sentence if the:-
• Offence involved a weapon or threat of violence
• Offence was carried out in the presence of a child
• Suspects previous conviction is relevant to the offence
The prosecutor must also consider the views of the victim in regard to the impact of the offence. With sexual offences the safety of victim and children must be considered.
CPS will only begin a prosecution when both these tests are met.
CPS DECIDE NOT TO CHARGE, TO DROP OR ALTER A CHARGE
If the CPS makes the decision to not to charge the perpetrator or decides to drop the charges or maybe alter the initial charges, they should inform the victim within one day if they are considered to be an intimidated witness and within five days for all other victims.
In sexual offence cases if CPS drops or substantially reduces charges the specialist prosecutor will refer the case to a second specialist rape prosecutor before the final decision is made. If the decision is upheld the CPS should tell the victim within one day and offer them a meeting with the prosecutor for a fuller explanation.
The decision whether or not to keep the accused on remand is made by the police until they appear in court which is usually the following day.
ROLE OF THE COURT
The role of the court is to determine whether or not a crime has been committed and impose a sentence where appropriate. In the first instance the alleged offender will appear in the magistrates court where it will be decided whether or not to grant bail or remand in custody
The victim is not required to attend court at this stage however the victim’s are