NCJ Number
124800
Journal
Criminal Law Review Dated: (1990) Pages: 153-164
Date Published
1990
Length
12 pages
Annotation
In attempting to avoid prosecution of juveniles, the Crown Prosecution Service (CPS) has affirmed a "mission statement" to divert juveniles from the court whenever possible.
Abstract
Exploring how this philosophy is incorporated and sustained in the decision making process, the discussion identifies a system of ideas and procedures for constructing and implementing decision making under the specific organizational conditions of the CPS. Those conditions under which the prosecution was likely to pursue a case include: serious offenses, usually including previous referrals for offending behavior; the satisfaction of evidential criteria; no unusual personal circumstance or agency influence; a procedurally sound case; and the prosecutor's belief that court action is both necessary and appropriate. These conceptual categories are the reverse of those under which the CPS would be disinclined to prosecute. Established as an independent authority, the CPS remains dependent upon the police for information. Thus, a bias toward prosecution might be expected. It has been shown, however, that the CPS evaluates cases in light of the exigencies of everyday organizational practice, as indicated. Nevertheless, an articulated set of objectives which could be measured and monitored would enable the development of a professional ideology and further establish the independent status of the CPS in the criminal justice system. 5 references.