Active learning ideas
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.
Activity 01
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.
What is the role of the CPS in the criminal justice system?
Activity 02
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.
How does the Full Code Test determine if a case proceeds to court?
Activity 03
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.
What challenges does the CPS face in securing convictions?
A few notes on teaching this unit
Watch Out for These Misconceptions
The police decide who gets prosecuted in court.
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.
If there is enough evidence, the CPS must always prosecute.
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.
Methods used in this brief
The Court System and Trial Processes
An exploration of the hierarchy of the courts in England and Wales, focusing on Magistrates' and Crown Courts. Students will map the journey of a defendant through the trial process.
8 methodologies
The Role of Juries and Lay People
A critical evaluation of the use of juries and lay magistrates in the criminal justice system. Students will debate the advantages and disadvantages of trial by peers.
8 methodologies