In magistrate's courts, decisions are made solely by the presiding magistrate and these decisions may not always favour the defendant. Across the CJS, agencies such as the Police, the Courts, the Prison Service, the Crown Prosecution Service and the National Probation Service work together to deliver the criminal justice process. CPS should have focused on justice. "Strengths And Weaknesses In The Criminal Justice System Current In Australia" Essays and Research Papers major public services in the country. This may be disadvantageous for a defendant who chooses to have his case heard in the crown court instead of a magistrate court in an "either or" case. Too often hiding or hidden behind the scenes, it is an invisible and misunderstood organisation. "Either or" cases are those that can be tried by the crown court or the magistrate court. The police continued to be responsible for deciding on the charge and for preparing a case le for the CPS. Weaknesses of the Youth Criminal Justice Act Continued Weaknesses What is the Youth Criminal Justice Act? 64 Crown Prosecution Service reviews. Winnipeg Sun Article: Canada is in need of stricter laws for repeat youth offenders because the statuesque is not effective For example, in Manitoba, between 40%-60% of The Crown Prosecution Service is responsible for prosecuting criminal cases investigated by the police in England and Wales. On the contrary, the magistrate's court does not order defendants to pay these costs. Mathews holds a master's degree in international journalism from the University of Westminster in London. Compared to the magistrate court, the crown court can hand down the maximum sentence and fines in any case it handles. Crown courts are presided over by a judge who has legal training and qualifications. Raising CPS performance, whilst maintaining integrity, independence and professional standards, has been a key element of my strategy for culture change On the contrary, a decision made by the magistrate court and appealed by the CPS at the high court may be overturned and you may be sentenced. The review led to the geographical areas covered by the CPS increasing from 1 One advantage of crown courts is that they have lower acquittal rates compared to magistrate courts. They will look at strengths and weaknesses in the evidence and consider how to effectively use the documents, plans, photos and evidence in enforcement or prosecution proceedings. The Crown Prosecution Service (CPS) is an independent judicial agency responsible for the preparation and presentation of criminal prosecutions in the UK. The system is made up of police forces, the Crown Prosecution Service (CPS) and other bodies who can bring prosecutions, HM Courts & Tribunals Service (HMCTS), alleged victims, witnesses, victims and witness services, prisons, probation services, the judiciary and lawyers. because any form of scrutiny creates demands. The exercise which Her Majestys Crown Prosecution Service Inspectorate (HMCPSI) has just completed seeks to balance those requirements. The CPS began operation in 1986 and underwent substantial development in 1999 following a review. The Crown Prosecution Service is the largest prosecuting authority in England and Wales, dealing with 1,262,815 defendant cases in the magistrates courts and the Crown Court in 2004-05. Glassdoor gives you an inside look at what it's like to work at Crown Prosecution Service, including salaries, reviews, office photos, and more. It was deemed necessary to create one department that was responsible for all public prosecutions in England and Wales in the early 1980s. % Legal aid is available for defendants who claim they cannot afford legal fees. It is young (founded in 1986, it is only 26 years old), and it has not yet grown into a professional and robust prosecution service. Crown courts have various advantages and disadvantages. The crown court deals with serious criminal cases, indictments and appeals that may originate from the magistrate courts. Society is entitled to expect a highly professional prosecution service which combines prosecution with integrity and industry. Include strengths which highlight your education and experience, ones which you can bring with you from previous roles and personal traits which stand you in good stead, such as perseverance, tenacity, team player, hard working, eager to learn and a positive outlook. This document contains the following information: Review of the Crown Prosecution Service: summary. The Advantages & Disadvantages of the Criminal Justice System, Get legally emancipated from your parents, Legal Services Commission: Recovery of Defense Cost Orders, Mary Monson Solicitors: What to Expect in the Magistrates Court -- A Guide for Non-Lawyers. The youth justice system in the UK consists of structures and procedures that have been integrated in order to discipline, prosecute and convict individuals under the age of 18 who carry out criminal activities. It is a court with more power to convict serious offenders compared to the smaller magistrate's court. If you are considering a private prosecution then our Private Prosecution Team at DWF can help. xWMs6Wi(goIL39dzPdVF"mN,;RatCt&iXGh~wK,/= =n.iQm.mTjGsG^s rW6YT{b1Y& S. Weaknesses. An independent prosecution service; 13 geographical locations; There are many models which aim to explain the way in which the CJS works; The lack of rights for both defendants and victims - right to silence, right to bail, asking for your rights, free legal advice ; ASHWORTH and REDMAYNE (2005) PACKER (1969) Keywords and References. This means that if the crown court rules that the facts surrounding your case are correct and not in dispute, then no appeal can overturn your acquittal. The crown court system was created by the Courts Act of 1971. %PDF-1.3 The magistrate court can only impose a maximum custody of six to 12 months while a crown court can sentence an offender to years. In the area of footwear mark evidence, there is not a sufficiently reliable statistical basis for an expert to be able to express an evaluative opinion based on the use of a mathematical formula to arrive at a likelihood ratio. On the contrary, a decision made by the magistrate court and appealed by the CPS at the high court may be overturned and you may be sentenced. The latest report published today (December 1) by HMCPSI said while there was evidence of improvement in some aspects of performance since the January report, there was slight deterioration in other aspects. Even if you arent asked about your strengths and weaknesses specifically, scripting out your response to this common question will give you a candid yet compelling description of what you bring to the table and how you wish to grow in the future. to allow the BC Prosecution Service, in exceptional circumstances, to benefit from the particular expertise, skill, or knowledge of members of the defence bar in specialized areas or sensitive matters The provisions concerning the need to avoid conflict of interest in exercising a prosecutorial function, in STA 1, apply to . This is due in part to resource constraints experienced by the police and Crown Prosecution Service (CPS). Crown Prosecution Service interview details: 45 interview questions and 30 interview reviews posted anonymously by Crown Prosecution Service interview candidates. The CPS started to operate in 1986. The Crown Prosecution Service. Some scaled back their arguments for District Judges and felt they provided a more detailed outline }bK1~Y?=h tx`5`9 6[QO'h~g L =!&+&\=A3Y A$G He risks greater punishment if convicted for a criminal case in a crown court. Crown Prosecution Service (CPS) prosecutors and defence solicitors tended to agree that they presented cases differently depending on which judiciary type was presiding. The CPS is independent, and we make our decisions independently of the What is the Crown Prosecution Service? have a clear picture of the strengths and weaknesses of your case and how you intend to prove it. The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales. Unlike magistrate courts, crown courts have a jury which extensively deliberates on the facts of a case before a court decision is handed down. This means that if the crown court rules that the facts surrounding your case are correct and not in dispute, then no appeal can overturn your acquittal. This includes advising the police on potential prosecutions and assuming control of prosecutions Strengths. On This means that the defendant will pay defence and prosecution fees if the judge deems this as suitable. CPS Crown Prosecution Service DEFRA Department for the Environment, Food and Rural Affairs EFRA Environment, Food and Rural Affairs LACORS Local Authorities Co-ordinators of Regulatory Services LACS League Against Cruel Sports NGO Non-Governmental Organisations PCMs Prosecution Case Managers POWA Protect Our Wild Animals PNC Police National Computer RCVS Royal College of In its role as the public prosecutor, the Crown Prosecution Service works closely with the courts, the police and other agencies in the criminal justice system. These crimes include sexual offences, murder, robbery and blackmail that have been committed by either an adult or a juvenile. 3. It is also vital that prosecuting authorities, and indeed all criminal justice His work has appeared in TECHNO, an e-mail magazine, among other publications. The Crown Prosecution Service, is the principal public agency for conducting criminal prosecutions in England and Wales. In magistrate's courts, decisions are made solely by the presiding magistrate and these decisions may not always favour the defendant. No case for the defendant to answer (sometimes shortened to no case to answer) is a term in British criminal law, whereby a defendant seeks acquittal without having to present a defence.The motion is also occasionally, although rarely, used in civil cases where it is alleged that the pleaded case and/or evidence do not meet the minimum threshold to establish liability. A question of law concerns how the judge interpreted the law. How does a private prosecution work? If the crown court acquits you of an offence and the Crown Prosecution Services (CPS) appeals to the appeals court and wins on a question of law, your acquittal will remain the same. Magistrates do not usually have legal qualifications even though they preside over court cases. The main principal of the Her Majestys Crown Prosecution Inspectorate (HMCPSI) said in January this year that significantly better compliance with the disclosure regime was needed by both the police and the CPS. ad hoc. If the crown court acquits you of an offence and the Crown Prosecution Services (CPS) appeals to the appeals court and wins on a question of law, your acquittal will remain the same. A major disadvantage of the crown court is the delays encountered. If you have exhausted all other resources available we can help you bring a matter to court. This is advantageous because he is better placed at understanding the law and thus makes more informed decisions than a magistrate would. This can have an effect on firsthand witness accounts, as witnesses may forget some of the events they witnessed in a crime scene. Crown courts are presided over by a judge who has legal training and qualifications. The CPS had a new role, that of reviewing Crown Prosecution Service: Effective use of Magistrates Court Hearings The Crown Prosecution Service is making efforts to improve its performance in magistrates courts but needs to do more to modernise the way in which it prepares and brings cases to court. We can help. One advantage of crown courts is that they have lower acquittal rates compared to magistrate courts. They will also consider their duties under disclosure. A trial is not a presentation of every fact and every remotely possible legal argument . The Director of Public Prosecutions (DPP) is the most senior public prosecutor in England and Wales (second only to the Attorney General and Solicitor General). Due to the complexity or seriousness of cases handled by the crown court, the process may be lengthy. However, the crown court has the power to place a Recovery of Defense Costs Order (RDCO) on the defendant if he is convicted. The new Service found itself occupying a position between the police and the courts. All content is posted anonymously by employees working at Crown Prosecution Service. The prosecution must show that the fingerprints taken from the scene of the crime match those on the fingerprint form, and also identify the fingerprints on the form. A free inside look at company reviews and salaries posted anonymously by employees. This concept was embodied in the Prosecution of Offences Act 1985 which created the Crown Prosecution Service. This is the Crown Prosecution Service company profile. They receive legal advice from court clerks regarding issues of the law and thus they may not be able to make very informed decisions. Nigel Evans case exposes weaknesses in the Crown Prosecution Service. These include the indictment which sets out the charges on which the defendant is to be tried, witness statements, exhibits and documentation on applications to be made by any party concerning the admissibility of evidence in the trial. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. When it comes to weaknesses, again be prepared with a good answer. Before a criminal trial starts the judge will familiarise himself or herself with the details of the case by reading the relevant case papers. stream << /Length 5 0 R /Filter /FlateDecode >> I will be completing the study and training required to become a fully qualified solicitor (Crown Prosecutor) at the Crown Prosecution Service. With these talking points at the ready, youll be able to confidently answer many common interview questions. Legal aid is available for defendants who claim they cannot afford legal fees. The interviewer knows you arent perfect, what they are looking for is how you answer the question. They receive legal advice from court clerks regarding issues of the law and thus they may not be able to make very informed decisions. How to find out what a person was sentenced to after he is found guilty, How to Change the Executor of an Estate After a Death, Differences Between the American & English Court System. In this essay I will seek to describe the strengths and weaknesses of the youth justice system as well as include other youth justice systems from additional countries. 4 0 obj 2 Crown Prosecution Service Crown Prosecutor interview questions and 2 interview reviews. Come up with weaknesses This Command Paper was laid before Parliament by a Government Minister by Command of Her Majesty. Compared to the magistrate court, the crown court can hand down the maximum sentence and fines in any case it handles. While the CPSs performance has improved dramatically in the last decade, there are still some troubling weaknesses. Free interview details posted anonymously by Crown Prosecution Service interview candidates. Thus, the development of a viable theory is the first order of business. Jury decision-making combined with that of the judge contribute to lower rates of conviction for the sake of conviction. Jayden Mathews started writing professionally in 2006. A major disadvantage of the crown court is the delays encountered. counsel in their role as Crown Counsel. A question of law concerns how the judge interpreted the law. \c7dNEktZ5,G/1Z>Vru}{a*o(m$I-~9y~,n_Wg^V7 k_p.I`/[dKjS|Rm/)jOSoUdViero2MjUvb7\BC6b/vojTMLEZ]m\xD)RGpA`}GbV-{8?0 It is headed by the Director of Public Prosecutions. The CPS is independent, and we make our decisions independently of the police and government. However, the crown court has the power to place a Recovery of Defense Costs Order (RDCO) on the defendant if he is convicted. For example, the rise in guilty pleas since the mid 2000s This may be disadvantageous for a defendant who chooses to have his case heard in the crown court instead of a magistrate court in an "either or" case. Defendants also have a right to expediency in their cases, and the delays may hinder the full realisation of this right. Crown Prosecution Service interview details: 44 interview questions and 29 interview reviews posted anonymously by Crown Prosecution Service interview candidates. The main responsibilities of the CPS are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation, and to conduct prosecutions The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales. These include those receiving welfare benefits or state pension and those younger than 18 years. Defendants and convicted offenders are key participants. For jury trials in the Crown Court, the judge supervises the selection and swearing in of the jury, giving the jurors a direction about their role in the tri 2. If the crown court acquits you of an offence and the Crown Prosecution Services (CPS) appeals to the appeals court and wins on a question of law, your acquittal will remain the same. Due to the complexity or seriousness of cases handled by the crown court, the process may be lengthy. The Prosecution of Offences Act 1985 led to the merging of the DPP with existing police prosecution departments to create the Crown Prosecution Service, maintaining a directorship from the DPP. Dumping all the facts and law into the jurors' laps will simply overwhelm them and obfuscate the important matters.