passing case files to CPS

[sqounk]

Presumably now the police generally liaise with the CPS at the start of a case (I know it has been recommended in various reports but I wonder, does this always happen in sexual cases?). When handing over the case file at the end of the investigation to the CPS does the OIC always, sometimes or never have a recommendation? i.e. if they think the person is guilty or innocent, do the CPS ask their opinion? I know a lot of it is electronic now (or is it all electronic?) - I wonder how that opinion would be communicated.

[Silver]

From how I gather the situation works is that the OIC sends the case files to the of CPS ,who allocate the file to one of their assigned independent barristers,who will then assess the case.

The CPS do also offer independent advise on how to proceed with a complicated case,the CPS on their website stress they are" independent" from the police

Am unsure if there would be any direct communication, other than from the individual at the cps reading the file requesting further information, or clarifying what is written.


I assume if an OIC constantly sends incomplete files over then it looks bad on them,a bit like if I kept presenting my legal reports to my manager and they kept saying "incomplete"

No doubt the process can be flawed between both party's if certain individuals know each other etc,and I assume all emails sent would be internal emails,i guess if it was alleged that there was a "cover up" between both party's(police&CPS) in a certain criminal case, then all emails would be used as proof of evidence, however could not be called upon in normal circumstances.

So its impossible to gage if the police could sway the opinions of the case. I also don't know how the police are instructed to write their reports. In some legal reports one is not allowed to voice their own opinions and just present facts.

Now what concerns me is that it appears there is only one barrister that reads the case file! You would think that at least two would proof read it,and come to a joint decision...to make the process fairer, as it is almost an ultimate decision not just for the "alleged instigator" but also so called "victim"

That's my interpretation anyway, from reading various sites about the process might be wrong, hopefully somebody else might know,beacuse am very interested in the process too Sqounk.



.

[sqounk]

Hi Silver - I read in somewhere - I think the 2015 report that it's supposed to go to two of the CPS legal people - that from the outset there is one lawyer/advisor attached to the case and when the OIC eventually files the case it's looked at by him/her and then another reviewing legal person. Or maybe that was a recommendation. It's difficult to know as it seems different CPS regions slightly different practices. I think CPS London + the Met set the standard though - or at least seem to be held up as good practice.

[Silver]

Hi Sqounk,
I must amend my initial response.I think you are correct in implying that the CPS intervenes from the start of a serious criminal "alleged" investigation, such as rape or murder(from re-reading the OIC email to OH it would support this theory)

(From how I read the CPS website it seemed that they were the final authority acting totally independently, however reflectively this cannot be the case with the new approach, In that there must be continuous interaction between themselves and the police)

So yes I do question how independent the CPS is now?

Also the fact they have just last year brought in "audits"to make sure that clients i.e "victims" are satisfied with their response. Would also suggest that they like the police are under pressure to achieve "convictions".

Also the fact that there are quite a few of their referral cases going to CC where an experienced judge immediately throws out as nonsense would I think support my question as to how "independent" the CPS really are now?

I certainly hope that the case is read by at least two barristers/a team of investigators. However the impression that I comprehended was of compliancy i.e The CPS housed out the case to a barrister independently and that they did not necessarily work in the office(if you know what I mean), that they could even be in their own home sipping wine while reading the case scenario ...while making such important decisions!...So the CPS I believe can give an immediate response to the police such as NFA or guilty, or else say they need further evidence for a conviction...(in my opinion)

[sqounk]

I saw a TV programme on the CPS a while back on iplayer called 'the prosecutors' - seems to be off of it now though.