When a crime is reported, both the police and the Crown Prosecution Service (CPS) play a role in deciding what happens next. The police focus on investigating the offence, gathering evidence, speaking to witnesses, and, if necessary, arresting suspects. The CPS, on the other hand, decides whether a case should go to court. Their job is to review the evidence and determine whether a prosecution is both evidentially justified and in the public interest.
If you or someone you know is involved in a criminal case, understanding how these two organisations work together can make the process feel a little less daunting.
Key ways the CPS works with the police
1. The police investigate and collect evidence
The process begins when the police receive a report of a crime. Officers investigate by gathering witness statements, CCTV footage, forensic evidence, and other material relevant to the case. They may also arrest and interview suspects under caution and investigate what the suspect has said in interview or after.
For less serious offences, such as minor driving offences, the police can sometimes make charging decisions themselves. However, for more serious or complex crimes, the police must submit their findings to the CPS, which will determine whether the case should proceed to court.
2. The CPS reviews the evidence
Once the police submit a case, the CPS reviews the evidence carefully. Prosecutors use the Full Code Test, which consists of two key questions:
- Is there enough evidence for a realistic prospect of conviction? The CPS must be confident that the case has a strong chance of success in court.
- Is it in the public interest to prosecute? Even if there is enough evidence, the CPS considers factors such as the severity of the offence, the impact on the victim, and whether prosecution is justified.
If a case does not meet these criteria, the CPS may advise the police to take no further action or suggest alternative measures, such as a caution or community resolution.
3. The CPS advises on charges
For serious offences, the CPS is responsible for deciding what charges should be brought against a suspect. This is a critical step, as choosing the correct charge ensures that the case can be prosecuted effectively and fairly. The CPS may suggest modifications to the charges proposed by the police or ask for further evidence to strengthen the case. This collaborative approach helps to avoid errors that could lead to cases collapsing later in court.
4. Ongoing collaboration before trial
Even after charges are brought, the police and CPS continue to work together. If new evidence emerges, the CPS may request further investigation or additional statements from witnesses. The police also play a role in supporting victims and witnesses throughout the legal process. In sensitive cases, such as domestic abuse or sexual offences, the CPS works with specialist officers to ensure that victims receive the support they need to give evidence.
5. The CPS prosecutes the case in court
Once a case reaches court, the CPS takes responsibility for prosecuting it. Their legal team presents the evidence, questions witnesses, and argues why the defendant should be found guilty. The police may still be involved at this stage, particularly if officers are called as witnesses or need to provide further evidence. However, the CPS leads the prosecution, ensuring that the case is presented fairly and in line with the law.
6. The CPS makes independent decisions
It’s important to note that the CPS operates independently from the police. Their role is not to secure convictions at any cost but to uphold justice by prosecuting cases that are fair, evidence-based, and in the public interest. If the CPS decides not to prosecute a case, the police cannot override this decision. Similarly, the CPS can also discontinue a case if new evidence arises or if it no longer meets the Full Code Test.
If you or a loved one is facing a criminal charge, understanding how these organisations work together can help you feel more in control. At Lawtons, we have extensive experience guiding clients through the legal process, offering expert advice and representation. If you need support, contact us, we’re here to help.
