Multi-Agency Practice Guidance Modern slavery encompasses a wide range of criminal offences involving exploitation. The Modern Slavery Act places a duty on specified public authorities to report details of suspected cases of modern slavery to the National Crime Agency. Modern slavery is a complex crime and victims may not be aware that they are being exploited or trafficked.
History[ edit ] Historically in England, with no police forces and no prosecution service, the only route to prosecution was through private prosecutions brought by victims at their own expense or lawyers acting on their behalf. From onwards, as the police forces were formed, they began to take on the burden of bringing prosecutions against suspected criminals.
Police forces continued to be responsible for the bulk of cases, sometimes referring difficult ones to the Director.
The Royal Commission's recommendation was not implemented by all police forces however, and so inanother Royal Commission was set up, this time headed by Sir Cyril Philips. It reported inrecommending that a single unified Crown Prosecution Service with responsibility for all public prosecutions in England and Wales be set up.
A White Paper was released inbecoming the Prosecution of Offences Actwhich established the CPS under the direction of the Director of Public Prosecutions, consisting of a merger of his old department with the existing police prosecution departments.
It started operating in The report recommended that the CPS focus more on serious crimes being prosecuted at the Crown Court level, closer co-operation between CPS lawyers and the police, and to change its organisational structure, concurring with an existing government plan to restructure the organisation into 42 regional branches, each with its own Chief Crown Prosecutor.
The conviction rate was 86 per cent in the magistrates' courts and 80 percent in the Crown Courts. The CPS has implemented measures such as the Core Quality Standards with the intention of maintaining and raising standards.
People[ edit ] As of March the CPS employs more than 6, staff, 2, solicitors and barristers are on the advocate panel, employed externally or self-employed, who deal with all aspects of criminal casework. Self-employed barristers are also paid to represent the prosecution in court in more complicated cases primarily in the Crown Court and appeal courts and to provide expert advice when required.
Structure[ edit ] Headquartered in London and York, the CPS manages the organisation, sets policies and handles corporate matters such as finance and communications. Most of its casework is dealt with by the thirteen CPS Areas, which are responsible for conducting prosecutions in specific parts of England and Wales; each area is led by a Chief Crown Prosecutor.
The areas with their respective police forces are: The Casework Divisions deal with prosecutions requiring specialist knowledge and experience: Specialist Fraud Division — Complex frauds and cases investigated by HMRC and other agencies International Justice and Organised Crime Division — Serious organised crime and cases investigated by the National Crime Agencyand Extradition formerly part of Special Crime Special Crime and Counter Terrorism Division — Appeals, counter-terrorism, and special crime, which includes deaths in custody, public corruption and medical manslaughter.
However, the Attorney has no role in the day-to-day running of the organisation or in deciding whether a suspect should be prosecuted. The CPS is an independent prosecuting authority and government ministers have no influence over its decision making. The only exceptions to this rule are when a case involves matters of national security or the Attorney must personally consent to a prosecution e.
Questionable incidents, such as the dropping of the case against John Bodkin Adams for what was believed to be purely political reasons, have not been repeated in modern times. This includes clarifying the intent needed to commit an offence or addressing shortcomings in the available evidence.
Unlike in many other jurisdictions, the CPS has no power to order investigations or direct investigators to take action. Charging decisions[ edit ] The majority of decisions to charge are made by police forces, which have the authority to charge suspects with less serious offences, such as common assault or criminal damage with a low value.
The CPS is responsible for taking all other charging decisions — including for serious offences such as murder and rape — and the police cannot charge suspects with these offences without authorisation from a Crown Prosecutor except in emergency situations where police can charge without a prosecutor's authority in certain circumstances.
Is there sufficient evidence for a realistic prospect of conviction? These questions must be answered in this order; if there is insufficient evidence, the public interest in prosecuting is irrelevant. According to the code, if there is insufficient evidence to prosecute, no further action will be taken against the suspect or the prosecutor will ask the police to carry out further inquiries to gather more evidence.
When there is sufficient evidence but a prosecution is not required in the public interest, prosecutors can decide that no further action should be taken or that a caution or reprimand is a suitable alternative to prosecution. In exceptional circumstances, prosecutors can authorise a charge without sufficient evidence for a realistic prospect of conviction.
This is known as the 'Threshold Test'; it is only applied when further evidence is expected to become available soon afterwards e. If the expected evidence to support a prosecution does not materialise, the prosecution must be stopped.
Conducting prosecutions[ edit ] Whether a decision to charge is taken by police or prosecutors, the CPS will conduct the case, which includes preparing the case for court hearings, disclosing material to the defence and presenting the case in court.
All prosecutions must be kept under continuous review and stopped if the Full Code Test see above is no longer satisfied or was never satisfied i. Mishandling of a case, such as failing to disclose evidence, can result in the courts either acquitting a defendant or quashing the conviction on appeal.
Appeals[ edit ] When an appeal against conviction or sentence is lodged by a defendant, the CPS will decide whether or not to oppose the appeal after considering the grounds of appeal. If it decides to oppose, it will present relevant evidence and material to assist the appellate court.
Exceptionally, the CPS has invited defendants to appeal when it has concluded that the safety of a conviction was questionable, for example in the case of an undercover police officer Mark Kennedy.
Extradition[ edit ] The Extradition Act tasks the CPS with representing foreign states in extradition proceedings, normally heard at Westminster Magistrates' Court. An interview at that time could have prevented the long-running embassy standoff.
Maurizi took her case against the CPS to an information tribunal in London on 13 and 14 November SPECIALIST POLICING COMMITTEE.
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There will. Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) said the Serious Fraud Office has made some progress in correcting shortcomings, but has a ways to go if it wants to effectively take on complex fraud cases.
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