What is the charging role?
The CPS’ job is to prosecute criminal cases investigated by the police. As part of this role they make the decisions about what charges will be put to an accused.
What did the Criminal Justice Act 2003 do?
The Criminal Justice Act 2003 introduced a range of changes to the operation of the criminal justice system, including provisions for dangerous offenders such as inde- terminate sentences for public protection (IPP) and extended public protection de- terminate sentences.
What is the Criminal Justice Act 2003 simplified?
It amends the law relating to police powers, bail, disclosure, allocation of criminal offences, prosecution appeals, autrefois acquit (“double jeopardy”), hearsay, propensity evidence, bad character evidence, sentencing and release on licence.
What is the statutory charging scheme?
1.2 The statutory charging scheme requires the CPS to provide charging decisions 24 hours a day, 365 days of the year. … The role of CPSD was primarily to provide charging decisions for defendants in custody, whether or not they would be granted bail by the custody sergeant after charge.
What does a charging decision mean?
In a criminal case, if there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge, a decision to charge is made.
What are charging standards?
Introduction. This Charging Standard is designed to assist prosecutors and investigators in selecting the most appropriate charge, in the light of the facts that can be proved, at the earliest possible opportunity where offences against the person are concerned.
Why was the statutory charging scheme brought in?
A scheme introduced by pt 4 of the Criminal Justice Act 2003 (amending s 37 of the Police and Criminal Evidence Act 1984 and inserting s 37A into the Act) in response to recommendations made by Lord Justice Auld in his review of the criminal justice system.
Why was the criminal justice Act 1991 introduced?
The Act was in response to a number of factors including increasing crime rates, governmental desire to be seen to be tough on crime, the increasing prison population and the rejection of the rehabilitative ideal and general deterrence theory.
Is Criminal Justice Act 2003 still valid?
Criminal Justice Act 2003 is up to date with all changes known to be in force on or before 05 November 2021. There are changes that may be brought into force at a future date.
What is Section 146 of the Criminal Justice Act 2003?
The law imposes a general duty on criminal courts, when sentencing an offender, to treat more seriously any offence which can be shown to be aggravated by hostility towards persons of a particular sexual orientation or who are transgender. (Section 146 Criminal Justice Act 2003).
What is the Criminal Justice Act UK?
An Act to amend the law relating to the proceedings of criminal courts, including the law relating to evidence, and to the qualification of jurors, in such proceedings and to appeals in criminal cases; to reform existing methods and provide new methods of dealing with offenders; to make further provision for the …
What is the right of the defendant to bail?
The court can grant bail unconditionally or they can impose bail conditions if they are satisfied that those conditions are necessary to address any risk that you would fail to surrender, commit further offences or interfere with witnesses. Any conditions imposed have to be both necessary and proportionate.