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POLICE PROSECUTION POLICY: INFLUENCES ON THE FREEDOM OF THE POLICE TO INSTITUTE PROSECUTIONS

NCJ Number
145983
Journal
Police Journal Volume: 66 Issue: 4 Dated: (October-December 1993) Pages: 398-410
Author(s)
T E Kinsman
Date Published
1993
Length
13 pages
Annotation
The author discusses influences on the freedom of the British Police Service in initiating the prosecution of cases.
Abstract
By far the strongest of the influences is the Crown Prosecution Service (CPS). Since its creation in 1986, CPS has made clear that while it is the deciding body on whether a case should go to court, the police retain the power to initiate proceedings. Occasions of CPS initiating cases have been few; generally, CPS decides whether to continue or discontinue cases referred to it by the police service. The prosecutorial process revolves around two principal issues: the sufficiency of the evidence and the appropriateness of a prosecution. To go ahead with a prosecution, there should be at least a 50-percent probability of conviction, and such should serve the public interest. Further, what constitutes the public interest is an issue. CPS brings objectivity to the process; the police are in closer contact with the localities it serves. 2 figures and 10 references