Explain what the CPS will do in domestic violence cases, and describe their role in the case up to conviction or equital?
2398 words 10 pagesMUST MEET FULL CODE TEST
Evidential Stage – Ensure sufficient evidence to anticipate a realistic prospect of conviction against each defendant on each charge, and the jury will be more likely to convict as a result. The CPS will encourage police to use ACPO guidance to gather a wide range of evidence.
Public Interest Stage – Conviction is more likely to result in a significant sentence if the:-
• Offence involved a weapon or threat of violence
• Offence was carried out in the presence of a child
• Suspects previous conviction is relevant to the offence
The prosecutor must also consider the views of the victim in regard to the impact of the offence. With sexual offences the safety of victim and children must be considered.
CPS will …show more content…
They have been introduced to help witnesses. Prosecutors have to apply for special measures in both the Crown Court and the magistrates' courts. The court makes the final decision is not automatic. These measures are designed to help someone whose evidence is likely to be affected.
The special measures offered to vulnerable and intimidated witnesses, with confirmation by the court, consist of:
• screens (available for vulnerable and intimidated witnesses): screens may be made available to shield the witness from the defendant;
• Live link (available for vulnerable and intimidated witnesses): a live link enables the witness to give evidence during the trial from outside the court through a televised link to the courtroom. The witness may be accommodated either within the court building or in a suitable location outside the court;
• evidence given in private, (available for some vulnerable and intimidated witnesses): exclusion from the court of members of the public and the press (except for one named person to represent the press) in cases involving sexual offences or intimidation by someone other than the accused;
• removal of wigs and gowns, (available for vulnerable and intimidated witnesses at the Crown Court): removal of wigs and gowns by judges and barristers;
• Video-recorded interview, (available for vulnerable and intimidated witnesses): a video-recorded interview with a vulnerable or intimidated witness before the trial may be