Understanding CPS Decision Making. Charlotte Triggs. Senior Policy Advisor

Transcription

1 Understanding CPS Decision Making Charlotte Triggs Senior Policy Advisor

2 The role of CPS The Code for Crown Prosecutors

3 The Full Code Test The Evidential Stage Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. When deciding whether there is sufficient evidence to prosecute, prosecutors should ask themselves the following: Can the evidence be used in court? Is the evidence reliable? Is the evidence credible?

4 The Public Interest Stage A prosecution should not take place unless it is required in the public interest. The Code for Crown Prosecutors 7 th edition requires prosecutors to consider the following questions: - How serious is the offence committed? - What is the level of culpability of the suspect? - What are the circumstances of and the harm caused to the victim? - Was the suspect under the age of 18 at the time of the offence? - What is the impact on the community? - Is prosecution a proportionate response? - Do sources of information require protecting?

5 Simple Criminal Damage Criminal Damage Act 1971 Section 1 (1) A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence. Where the damage is 5,000 or more the case is triable either in the Magistrates Court or the Crown Court

6 Indictment for simple arson STATEMENT OF OFFENCE ARSON, contrary to section 1(1) and (3) of the Criminal Damage Act PARTICULARS OF OFFENCE AB on the 7th day of May 2012 without lawful excuse destroyed by fire a motor vehicle belonging to V intending to destroy or damage such property or being reckless as to whether such property would be destroyed or damaged.

7 Aggravated Criminal Damage Criminal Damage Act 1971 Section 1 (2) A person who without lawful excuse destroys or damages any property, whether belonging to himself or another (a) Intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and (b) Intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered; shall be guilty of an offence. Triable only on indictment in the Crown Court

8 Indictment for Aggravated Arson Count 1 STATEMENT OF OFFENCE ARSON WITH INTENT TO ENDANGER LIFE, contrary to section 1(2) and (3) of the Criminal Damage Act PARTICULARS OF OFFENCE A B on the 7th day of May 2012 without lawful excuse damaged by fire a motor vehicle valued at 6,500 belonging to CD intending to destroy or damage such vehicle by fire and intending by such damage to endanger the life of CD. Count 2 As above but alleging instead of the intent to endanger life and being reckless as to whether the life of CD would thereby be endangered.

9 Recklessness Requires a subjective appreciation by the defendant of the risk of causing damage, not judged by the standard of a reasonable man. A person acts recklessly. With respect to (i) A circumstance when he is aware of a risk that it exists or will exist; (ii) A result when he is aware of a risk that it will occur; (iii) And it is in the circumstances known to him, unreasonable to take the risk.

10 Case scenarios Imagine you are a prosecutor reviewing files for charge. Identify the legal issues raised by each case. Would they pass the Full Code Test for prosecution? Would you need further information to decide?

11 Case study 1 Deepdale is a large country house. Bought for development and set in 30 acres of land, the house has long been vacant. At night time the house sometimes attracts visitors. There have been stories that it is haunted and it has featured on a ghost hunters website. Nick Finn is in charge of security and makes regular visits. In addition Secure-U-R patrols the grounds regularly. At 02.00am on 31 May the fire brigade was informed the house was on fire. A number of units attended and it took more than a day to fully extinguish the fire. The majority of the house was destroyed leaving only the shell standing. A joint fire and Police investigation identified the most likely cause of the fire was deliberate ignition, probably with the use of an accelerant on a flat roof area connected to the main house. This area is accessed via an external metal stairway. Information has led to the arrest of two men in a car containing an empty petrol can. Clothes in the car have scorch marks and traces of petrol.

12 Case study 2 At 1.15am on 7 May police received a report from neighbours that Marie Barnard was arguing with a man outside her house in Grimsby Road and was threatening to kill him. She was later seen by neighbours trying to set fire to something in her back garden and was also heard to threaten to burn her house down. She then called the emergency services and said she thought she had set something alight. By the time the emergency services arrived, the annexe to her house was on fire and a 38-year-old man, who was inside the annexe, was forced to jump from a first floor window to escape the flames. He was rushed to hospital suffering from serious burns and smoke inhalation.

13 Case study 3 Under cover of darkness on 5 May two boys, aged 11 and 12, entered the back yard of a shop. They found bundles of newspapers which they opened up to read. They then lit some of the newspapers with a lighter and threw them under a large plastic wheelie-bin. This was next to a second wheelie-bin, beside the wall of the shop. The boys then left the yard without putting out the burning papers. The newspapers set fire to the first wheelie-bin and the fire spread to the other wheelie-bin and from there to the overhanging eave, the guttering and the fascia and then the roof space of the shop until the roof of the shop and the adjoining buildings caught fire. The roof collapsed. Approximately 1m worth of damage was caused.

14 Charlotte Triggs Tel