Editing Crown Prosecution Service (section)

==Roles and responsibilities==

===Pre-charge advice===
The CPS will often provide confidential advice to investigators on the viability of a prosecution in complex or unusual cases. 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. Whether the CPS is asked for advice or a charging decision is entirely at the discretion of investigators (see History for background on this division of responsibilities in England & Wales).

===Charging decisions===
The Crown Prosecution Service is responsible for charging suspects with [[indictable offences]] (e.g. [[murder]], [[rape]]) and all other criminal offences that lay beyond the prosecutorial authority of the police. Police forces can charge suspects with less serious [[summary offences]] (e.g. [[common assault]], [[criminal damage]] with a low value) but cannot charge suspects with indictable offences without authorisation from a crown prosecutor (except in certain emergency situations).<ref>{{Cite web|url=https://www.cps.gov.uk/publications/directors_guidance/dpp_guidance_5.html#a20|title=The CPS : Prosecution Policy and Guidance|website=www.cps.gov.uk|language=en|access-date=2017-11-19}}</ref>

The ''Code for Crown Prosecutors'' requires prosecutors to answer two questions in the "Full Code Test": ''Is there sufficient evidence for a realistic prospect of conviction?'' (in other words, is there sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge). The code outlines this means that an objective, impartial and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged. The second question asked is:  ''Is a prosecution required in the public interest?''<ref name="CPS 2018">{{cite web |title=The Code for Crown Prosecutors |url=https://www.cps.gov.uk/publication/code-crown-prosecutors |publisher=Crown Prosecution Service |access-date=28 May 2019 |date=26 October 2018}}  [[File:UKOpenGovernmentLicence.svg|30px]] This article contains quotations from this source, which is available under the [http://www.nationalarchives.gov.uk/doc/open-government-licence/version/2/  Open Government Licence v2.0]. © Crown copyright.</ref> 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 limited circumstances, where the Full Code Test is not met, the Threshold Test may be applied to charge a suspect. The seriousness or circumstances of the case must justify the making of an immediate charging decision, and there must be substantial grounds to object to bail. There must be a rigorous examination of the five conditions of the Threshold Test to ensure that it is only applied when necessary and that cases are not charged prematurely. All five conditions must be met before the Threshold Test can be applied. Where any of the conditions are not met, there is no need to consider any of the other conditions, as the Threshold Test cannot be applied and the suspect cannot be charged.<ref name="CPS 2018"/> The five conditions that must be met before a Threshold Test can be applied are as follows:

# There are reasonable grounds to suspect that the person to be charged has committed the offence
# Further evidence can be obtained to provide a realistic prospect of conviction
# The seriousness of the circumstances of the case justifies the making of an immediate charging decision
# There are continuing substantial grounds to object to bail in accordance with the Bail Act 1976 and in all the circumstances of the case it is proper to do so
# It is in the public interest to charge the suspect<ref name="CPS 2018"/>

A decision to charge under the Threshold Test must be kept under review. The prosecutor should be proactive to secure from the police the identified outstanding evidence or other material in accordance with an agreed timetable. The evidence must be regularly assessed to ensure that the charge is still appropriate and that continued objection to bail is justified. The Full Code Test must be applied as soon as the anticipated further evidence or material is received and, in any event, in Crown Court cases, usually before the formal service of the prosecution case.<ref name="CPS 2018"/>

===Conducting prosecutions===
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. The CPS will be represented in court from the first hearing through to conviction/sentencing and in some cases appeal.

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.e. the decision to charge was wrong). 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===
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 undercover police officer [[Mark Kennedy (police officer)|Mark Kennedy]].

===Extradition===
The [[Extradition Act 2003]] tasks the CPS with representing foreign states in [[extradition]] proceedings, heard at [[Westminster Magistrates' Court]]. While it acts on the foreign prosecutor's instructions, the CPS retains discretion on how the case should be prosecuted.

The Extradition Unit at CPS Headquarters deals with all cases in which the extradition of a person within England and Wales is sought by another state and all cases in which the CPS is seeking the extradition of an individual outside the European Union. The CPS Areas prepare and manage their own extradition requests under the [[European Arrest Warrant]] framework.