Criminology · Year 13 · The Trial Process and the Judiciary · 2.º Período

The Crown Prosecution Service (CPS)

An analysis of the CPS's role in deciding whether to charge a suspect. Students will apply the Full Code Test to hypothetical scenarios.

TL;DR:The Crown Prosecution Service (CPS) is the principal prosecuting authority in England and Wales. This topic explores how the CPS works independently of the police to decide which cases should proceed to court. Students learn to apply the 'Full Code Test,' which consists of the Evidential Stage and the Public Interest Stage. This is a critical skill for WJEC AC 2.1, as it requires students to think like legal professionals.

• National Curriculum Attainment Targets
• WJEC Level 3 AC 2.1 Explain the requirements of the Crown Prosecution Service (CPS) for prosecuting suspects
• WJEC Level 3 AC 2.2 Describe trial processes

About This Topic

The Crown Prosecution Service (CPS) is the principal prosecuting authority in England and Wales. This topic explores how the CPS works independently of the police to decide which cases should proceed to court. Students learn to apply the 'Full Code Test,' which consists of the Evidential Stage and the Public Interest Stage. This is a critical skill for WJEC AC 2.1, as it requires students to think like legal professionals.

The curriculum also addresses the relationship between the police and the CPS, particularly the friction that can arise when the CPS refuses to charge due to insufficient evidence. Students will analyze why certain cases, despite having a clear suspect, may not meet the 'realistic prospect of conviction' threshold. This unit connects the investigative phase to the formal trial process.

Students grasp this concept faster through structured discussion and peer explanation when applying the Full Code Test to complex, ambiguous case files.

Key Questions

1. What is the role of the CPS in the criminal justice system?
2. How does the Full Code Test determine if a case proceeds to court?
3. What challenges does the CPS face in securing convictions?

Watch Out for These Misconceptions

Common Misconception

The police decide who gets prosecuted in court.

What to Teach Instead

While the police investigate and suggest charges, the CPS makes the final decision for all but the most minor offences. Simulation exercises where students act as CPS lawyers help clarify this shift in power.

Common Misconception

If there is enough evidence, the CPS must always prosecute.

What to Teach Instead

Even with strong evidence, a case must pass the Public Interest Stage. If prosecuting would be disproportionate or harmful to the victim, the CPS may decline. Think-pair-share activities on 'mercy' cases help surface this distinction.

Active Learning Ideas

Simulation Game

The Charging Decision

Provide groups with three case files containing witness statements and forensic reports. Students must apply the Full Code Test and write a brief justification for whether to charge, caution, or drop the case.

50 min·Small Groups

Formal Debate

Independence vs. Collaboration

Debate whether the CPS should be more closely integrated with the police or remain strictly independent. Use the Narey and Glidewell reports as evidence for the pros and cons of the current system.

40 min·Whole Class

Think-Pair-Share

Public Interest Factors

Give students a list of scenarios, such as an elderly person committing a 'mercy killing.' Pairs must identify which public interest factors (e.g., culpability, harm, impact on the community) weigh for or against prosecution.

25 min·Pairs

Frequently Asked Questions

What is the 'Full Code Test'?

It is the two-stage test used by the CPS. First, the Evidential Stage asks if there is enough evidence for a 'realistic prospect of conviction.' Second, the Public Interest Stage asks if a prosecution is required in the interest of society.

Why was the CPS created in 1986?

It was created to ensure independence in the prosecution process. Previously, the police both investigated and prosecuted, which led to concerns about bias and a lack of objectivity in deciding which cases went to court.

What happens if the CPS and police disagree on a charge?

There are formal dispute resolution procedures, but the CPS has the final say. If the police are unhappy, they can seek a review, but they cannot bypass the CPS to take a case to the Crown Court.

How can active learning help students understand the CPS?

Using 'mock charging' sessions allows students to practically apply the Full Code Test. When they have to argue why a case fails the evidential stage, they develop a much sharper understanding of 'admissibility' and 'reliability' than they would by just reading the Code for Crown Prosecutors.