Crown Prosecution and Victim Support UK

Crown Prosecution and Victim Support UK

The Crown Prosecution Service (CPS) is the principal public agency responsible for conducting criminal prosecutions in England and Wales. Understanding how the CPS prosecution process works is vital for anyone who has been a victim of a crime or is required to act as a witness. As an independent body, the Crown Prosecution Service works alongside the police but maintains its own autonomy to ensure that the legal process in the UK remains fair, transparent, and evidence-based.

For individuals seeking legal help after a crime UK, knowing the difference between the police's role and the prosecutor’s decision-making is the first step toward achieving justice. This guide explores the functions of the CPS, how to access victim and witness support services, and the vital role played by national charities in the UK criminal justice system.

Understanding the Role of the Crown Prosecution Service (CPS)

The Crown Prosecution Service was established under the Prosecution of Offences Act 1985. Its primary mandate is to deliver justice by independently reviewing cases and determining if a suspect should face charges. Unlike the police, who investigate crimes and gather evidence, the CPS legal team evaluates that evidence against strict legal codes.

Also Read: HM Crown Prosecution Support Inspectorate

The main responsibilities of the Crown Prosecution Service include:

  • Deciding which cases should be prosecuted.

  • Determining the appropriate criminal charges for serious or complex crimes.

  • Advising the police during the early stages of an investigation.

  • Preparing and presenting cases in the Magistrates' Court and the Crown Court.

  • Providing dedicated support for victims and witnesses throughout the trial.

The Independent Prosecutor’s Test

Every CPS charging decision is governed by the Code for Crown Prosecutors. To proceed with a case, prosecutors must satisfy a two-stage test:

  1. The Evidential Stage: Is there enough evidence to provide a "realistic prospect of conviction" against each suspect on each charge?

  2. The Public Interest Stage: If there is sufficient evidence, is a prosecution required in the public interest?

This rigorous testing ensures that wrongful prosecutions are minimized and that the court’s time is focused on cases where a conviction is likely and necessary for public safety.

Navigating the Criminal Justice Process for Victims

If you have reported a crime, the transition from a police investigation to a CPS prosecution can feel daunting. However, several protections are in place to assist you.

Reporting a Crime and Witness Statements

The process begins with reporting a crime to the police. Once an investigation is underway, you will be asked to provide a witness statement. This document is a formal record of what you saw or experienced. For victims, there is also the option to provide a Victim Personal Statement (VPS), which allows you to explain how the crime has impacted your life physically, emotionally, and financially.

Victim Liaison Units (VLU)

The Crown Prosecution Service operates Victim Liaison Units to keep victims informed about the progress of their case. If the CPS decides to drop a case or significantly alter the charges, the VLU is responsible for explaining the reasons behind this decision.

Victims’ Right to Review (VRR)

If you are unhappy with a CPS decision not to prosecute, you may have the right to request an independent review under the Victims’ Right to Review Scheme. This ensures accountability and gives victims a voice in the legal decision-making process.

Specialist Support for Serious Crimes

The Crown Prosecution Service Helpline has specialized divisions to handle particularly sensitive or complex cases, ensuring that victims receive the specific expertise required for their situation.

Domestic Abuse and Stalking Support UK

In cases of domestic violence or stalking and harassment, the CPS follows specific guidelines to prioritize victim safety. This includes applying for Restraining Orders and ensuring that the "course of conduct" is clearly demonstrated in court.

Rape and Serious Sexual Offenses (RASSO)

Cases involving sexual violence are handled by specially trained RASSO prosecutors. The UK government and CPS have implemented measures to improve conviction rates for sexual offenses while providing Independent Sexual Violence Advisors (ISVAs) to support survivors throughout the trial.

Hate Crime and Discrimination

The CPS takes a zero-tolerance approach to hate crimes, which include offenses motivated by hostility toward a person's race, religion, sexual orientation, disability, or transgender identity. Prosecutors can ask the court for an "uplift" in sentencing for these crimes.

National Helplines and Charities (Numbers, Emails, Websites)

If you are a victim of crime or a witness needing emotional support UK, several organizations offer free, confidential advice.

Victim Support

  • Phone: 0808 168 9111 (24/7)

  • Website: https://www.victimsupport.org.uk

  • Services: Free support for anyone affected by crime, regardless of whether it was reported.

Citizens Advice Witness Service

Refuge (National Domestic Abuse Helpline)

Rape Crisis England & Wales

PAPYRUS (Prevention of Young Suicide)

Crimestoppers

Court Support and Special Measures

Going to court can be intimidating. The Crown Prosecution Service can apply for Special Measures to help vulnerable or intimidated witnesses give their best evidence. These may include:

  • Screens: To prevent the witness from seeing the defendant.

  • Live Link: Giving evidence via a video feed from a different room.

  • Suppression of Identity: Ensuring the witness's name is not made public.

  • Interpreters and Intermediaries: To help those with communication difficulties.

Questions Clients Commonly Ask

1. What is the Crown Prosecution Service?
The CPS is the independent body that prosecutes criminal cases investigated by the police in England and Wales.

2. Is the CPS part of the police?
No, the CPS is independent of the police and the government. They review police evidence to decide if a case should go to court.

3. How does the CPS decide to charge someone?
They use the "Full Code Test," which assesses if there is enough evidence for a realistic prospect of conviction and if it is in the public interest.

4. Can I drop the charges once the CPS has taken the case?
No. Once the CPS has started a prosecution, only the prosecutor can decide to stop the case. They will, however, consider the victim's views.

5. What is the Victims' Code?
The Victims' Code is a statutory document that sets out the minimum level of service victims must receive from the criminal justice system.

6. What are Special Measures in court?
These are practical arrangements, like video links or screens, to help vulnerable witnesses feel safe while giving evidence.

7. How long does a CPS prosecution take?
Timelines vary significantly depending on the complexity of the case and the court's schedule. Your Witness Care Officer will provide updates.

8. Will I have to face the defendant in court?
Not necessarily. You can request special measures such as screens or a video link to avoid direct contact.

9. What happens if the CPS decides not to prosecute?
You will be notified and given the reasons. You may also be eligible to request a review via the Victims' Right to Review (VRR) scheme.

10. Do I need my own lawyer for a criminal trial?
No, the CPS prosecutor represents the Crown. However, you can seek independent legal advice if you wish.

11. Can I get compensation as a victim?
The court can order the defendant to pay compensation. You can also apply to the Criminal Injuries Compensation Authority (CICA).

12. What is a Witness Care Officer?
A dedicated point of contact who keeps you updated on court dates and requirements.

13. What is an Independent Sexual Violence Advisor (ISVA)?
A specialist professional who provides tailored support to victims of sexual offenses throughout the legal process.

14. Are CPS decisions ever political?
No, the CPS is non-ministerial and makes decisions based solely on law and the public interest.

15. How can I contact the CPS?
General inquiries can be made via their website (cps.gov.uk), but case-specific information is usually handled through the Witness Care Unit.

You Are Not Alone

The journey through the UK legal system can be complex, but support is available at every stage. Whether you need emergency legal assistance or emotional guidance from a crime charity, help is just a phone call away. For immediate danger, always call 999. For support and advice, reach out to Victim Support at 0808 168 9111.

DISCLAIMER: Please verify all phone numbers, email addresses, and service details on the official government or organisation websites before use. Numbers and contact information are subject to change without notice.

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