Defendant Walkthrough - What position am I in? FAQ

Frequently asked questions page
 
  • Does the CPS carry out all prosecutions?
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    The Crown Prosecution Service is responsible for bringing most criminal cases to court. However, there are other organisations that carry out prosecutions, for example, The Serious Fraud Office and HM Customs and Excise.

  • How do the CPS decide whether to prosecute?
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    The CPS will prosecute if there is enough evidence against you for there to be a realistic chance of getting a conviction and if it is in the public interest to prosecute.

    If the Crown Prosecutor decides that a prosecution should not go ahead, the case will be stopped, usually by what is called ‘discontinuance’. You can find out more details of how prosecution decisions are reached in the leaflet “The decision to prosecute”. You can also find out more details on the interests of victims in CPS decision making on their website http://www.cps.gov.uk/victims_witnesses/code.html. The Code of Crown Prosecutors sets out the basic principles that the Crown Prosecutors must follow when making prosecution decisions. You can get a copies of these leaflets and codes by calling the CPS Communications Branch on 020 7796 8023.

  • What does a ‘realistic chance of conviction’ mean?
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    This means that the magistrates, district judge or jury are more likely than not to convict you. If there is not a realistic prospect of conviction the case will not go ahead.

  • What does the defence do?
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    A person suspected of a crime has the right to have legal representation but they do not have to. If they choose to have legal representation this means that a solicitor or legal representative can offer them legal advice and sit with them whilst they are being interviewed.

    Once a person is charged with an offence they are often referred to as a defendant. If the defendant decides to appoint a solicitor it’s the defence solicitor’s job to advise the defendant on the best course of action. If that is to plead not guilty, it's their job to defend the allegations and ensure that the defendant receives a fair trial.

    If the defendant decides to plead not guilty their lawyer (if they have appointed one) will start the defence’s case by evaluating all the prosecution evidence against the defendant and investigating to see if there are any witnesses that could help their case in court.

  • What does ‘in the public interest’ mean?
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    Whether or not a prosecution is in the public interest will depend on the particular case, but generally, the more serious the offence, the more likely it will be that a prosecution is in the public interest. The CPS also take account of the victim's interests when they are considering whether it is in the public interest to prosecute.

  • What is an ‘Advocate’?
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    In magistrates’ court cases, your solicitor will normally represent you. In Crown Court cases, your solicitor will normally find you an advocate to represent you. Advocates are specially trained court lawyers, who are either solicitors or barristers.

  • What is the Crown Prosecution Service (CPS)?
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    The CPS is the independent authority responsible for deciding the charge based on the evidence collected by the police, and for prosecuting people charged with criminal offences in England and Wales. The CPS is a public service and prosecutes defendants on behalf of the public, not just the victim. They work with the police to ensure that the right charges are laid and prosecute where there is sufficient evidence for a realistic prospect of conviction.

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