Building a modern prosecuting authority

Abstract

This paper sets out the crucial role that a properly empowered, publicly accountable independent prosecuting authority can play in securing a proper balance between the rights of defendants and victims in the criminal justice system. The history of the Crown Prosecution Service (CPS) is reviewed pointing to some of the shortcomings that marked its early years. Recent developments in the role of the CPS particularly in relation to statutory charging, victim and witness care, and in-house advocacy are described. The paper concludes by identifying the key considerations that will transform the CPS into a modern prosecuting authority that shoulders its appropriate share of responsibility for the proper functioning of the criminal justice system. But, it argues, this is dependent on the prosecuting authority holding fast to its values of fairness, impartiality and independence.

Keywords:

• prosecuting authority
• Crown Prosecution Service (CPS)
• balancing the criminal justice system

Notes

1. Per Lord Bingham of Cornhill Randall v R [2002] UKPC 19 at [10]; R v H, R v C [2004] 2 A.C. 132.

2. See, for instance, The Report of the Royal Commission on Criminal Procedure 1978–1981 (the ‘Phillips Commission’) Cmnd. 8092, 1981.

3. A Review of the Criminal Courts of England and Wales (the ‘Auld report’), September 2001, available at http://www.criminal-courts-review.org.uk (last accessed 17 January 2008).

Additional information

Notes on contributors

Ken Macdonald

Email: [email protected]