Criminology · Year 12 · Crime Scene to Courtroom · 3.º Período

The Crown Prosecution Service and the Courts

Understanding the role of the Crown Prosecution Service (CPS) and the application of the Full Code Test. Students will explore the trial processes in both Magistrates' and Crown Courts.

TL;DR:The Crown Prosecution Service and the Courts explores the legal journey of a case after the police investigation. Students learn about the role of the Crown Prosecution Service (CPS) in deciding whether to charge a suspect using the 'Full Code Test' (the evidential stage and the public interest stage). The topic also covers the hierarchy of the UK court system, focusing on the differences between Magistrates' Courts (for summary offences) and Crown Courts (for indictable offences). This aligns with WJEC AC2.1 and AC2.2.

• National Curriculum Attainment Targets
• WJEC AC2.1: Explain the requirements for providing evidence in court
• WJEC AC2.2: Describe the trial process

About This Topic

The Crown Prosecution Service and the Courts explores the legal journey of a case after the police investigation. Students learn about the role of the Crown Prosecution Service (CPS) in deciding whether to charge a suspect using the 'Full Code Test' (the evidential stage and the public interest stage). The topic also covers the hierarchy of the UK court system, focusing on the differences between Magistrates' Courts (for summary offences) and Crown Courts (for indictable offences). This aligns with WJEC AC2.1 and AC2.2.

For Year 12 students, this topic clarifies how the 'burden of proof' works and the vital role of the jury in the English legal system. It provides a clear structure of how justice is administered and the different personnel involved, such as barristers, solicitors, and judges. This topic comes alive when students can simulate the decision-making process of the CPS or the deliberations of a jury. Students grasp this concept faster through structured discussion and peer explanation, where they must justify legal decisions based on evidence.

Key Questions

1. What is the Full Code Test used by the CPS?
2. How does the trial process differ between Magistrates' and Crown Courts?
3. What role do juries play in the criminal justice system?

Watch Out for These Misconceptions

Common Misconception

The police decide who goes to court and what they are charged with.

What to Teach Instead

While the police investigate, the Crown Prosecution Service (CPS) is an independent body that makes the final decision on whether to bring a case to court for most serious crimes. The 'CPS Decision Room' simulation helps students understand this separation of powers.

Common Misconception

All criminal cases have a jury.

What to Teach Instead

Over 90% of criminal cases are heard in Magistrates' Courts without a jury. Juries are only used in the Crown Court for more serious 'indictable' offences. The 'Magistrates vs. Crown Court' role play clarifies this important distinction.

Active Learning Ideas

Simulation Game

The CPS Decision Room

Provide small groups with three case files containing different levels of evidence. They must apply the 'Full Code Test' to decide whether to prosecute, justifying their decision based on the 'evidential' and 'public interest' stages.

45 min·Small Groups

Role Play

Magistrates vs. Crown Court

Divide the class into two groups. One group acts out a short hearing in a Magistrates' Court (no jury, three magistrates), while the other acts out a Crown Court scene (judge and jury). They then compare the atmosphere and procedures.

40 min·Whole Class

Think-Pair-Share

The Jury Dilemma

Students are given a scenario where a jury must decide a case based on conflicting evidence. In pairs, they discuss whether they would trust a jury of 12 peers or a single professional judge to make the right decision, then share with the class.

25 min·Pairs

Frequently Asked Questions

What is the 'Full Code Test' used by the CPS?

The Full Code Test has two stages. First, the 'Evidential Stage': is there enough evidence for a 'realistic prospect of conviction'? Second, the 'Public Interest Stage': is it in the public's interest to prosecute? Both must be met for a case to proceed to court.

What is the difference between a summary and an indictable offence?

Summary offences are less serious crimes (like minor motoring offences) tried in a Magistrates' Court. Indictable offences are serious crimes (like murder or robbery) that must be tried in a Crown Court before a judge and jury. Some crimes are 'either-way' and can be heard in either court.

How are juries selected in the UK?

Juries are made up of 12 people aged 18-75 who are on the electoral register and have lived in the UK for at least five years. They are chosen at random to ensure a 'fair cross-section' of society. Their role is to decide the facts of the case and reach a verdict of guilty or not guilty.

How can active learning help students understand the court process?

Active learning strategies like 'The CPS Decision Room' force students to use the same criteria as legal professionals. By applying the Full Code Test to real-world scenarios, they move from memorising the test to understanding its practical application. This makes the requirements for WJEC AC2.1 much more concrete and easier to apply in exam questions.