ABSTRACT
The classifi cation of offences and matters relating to transfers for trial, summary trial, and trial on indictment are dealt with in Chapter 9 .
Until 1986, England was one of only a few countries that allowed the police to prosecute rather than hand over this task to a State agency such as the offi ce of the district attorney in the United States, or the procurator fi scal in Scotland (an offi ce established in the fi fteenth century). The Crown Prosecution Service (CPS) was established by the Prosecution of Offences Act (POA) 1985. As a result the police now play only a limited part in prosecutions beyond the stage of charging the suspect. It is a prosecutor who takes the charging decision, though their decision may be – and invariably is – informed by representations from the relevant offi cer, who is the Custody Offi cer involved with a case. The Custody Offi cer must determine, to the satisfaction of the Crown Prosecutor reviewing the case, that there is suffi cient evidence to charge a person with an offence. That offi cer must do this in accordance with the Threshold Test as to evidential suffi ciency. Formerly, police offi cers alone had decided what charge, if any, was appropriate on the basis of the evidence in a case. The principle now prevailing is that Crown Prosecutors – not the Custody Offi cer – will determine whether a person is to be charged in all indictable only, either-way or summary offences, subject to those cases specifi ed in this guidance which the police may continue to charge. The rationale is that the decision as to charge is a distinctly legal one, given the requirement to consider and apply the law as to the seriousness of the alleged offence. For the latest guidance, see: DPP’s Guidance on Charging 2013 – fi fth edition, May 2013 (revised arrangements) at www.cps.gov.uk/publications/ directors_guidance/dpp_guidance_5.html .
