Explain what the CPS will do in domestic violence cases, and describe their role in the case up to conviction or equital?
2388 WordsJan 19, 201410 Pages
MUST 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…
Information held by an IDVA, for example history of abuse or any substance misuse is classed as third party information.
ATTRITION & WITHDRAWAL
The withdrawal rate for domestic abuse and sexual abuse case is fairly high. If a victim withdraws their support for a prosecution the CPS will want to know why. They will carry out an interview to ascertain why the victim is wishing to withdraw and ascertain whether any pressure is being placed on the victim. There are several reasons why a victim may withdraw:
The abuser has apologised and the victim wishes to give the abuser another chance
They don’t want their children’s father to have a criminal record.
They may have threatened or pressured or scared at what the abuser/his family may do if they proceed.
Or they may not want to give evidence in court
In some circumstances the statement can be used as evidence without the support of the victim and the final decision in regards to continue with the prosecution will depend on the CPS and police seriousness of the crime and available evidence. It may be decided it’s in the public interest despite the wishes of the victim.
Prosecutors normally meet witnesses at a relatively early stage in the proceedings to discuss special measures and related issues. The witness’s overall subjective experience of participating in criminal proceedings might thereby be enhanced.
In some cases, the CPS will encourage the court to agree to allow a witness to