The invisible wall between police investigations and criminal prosecutions
In short: In England and Wales, the power to charge a suspect is strictly separated from the power to investigate them. This structural independence ensures that the agency bringing charges isn't the same one gathering the evidence, preventing a single entity from controlling both sides of the legal narrative.
The Crown Prosecution Service (CPS) serves as the principal public agency for criminal prosecutions in England and Wales. Its primary role is to provide legal advice to police during investigations, decide whether to pursue charges, and conduct the actual prosecutions in magistrates' and Crown Courts. This independence was formally solidified by a 1962 royal commission recommendation, which sought to prevent the same officers from both investigating and prosecuting cases—a move designed to mitigate risks of bias or evidential errors.
The modern CPS structure emerged fully in 1986 following the Prosecution of Offences Act 1985. This act merged existing police prosecution departments into a unified national body. While the Attorney General superintends the CPS and answers for it in Parliament, they are strictly barred from influencing day-to-day casework. The only notable exceptions involve matters of national security or specific offences, such as those under the Official Secrets Act, which require personal consent to proceed.
Today, the organization operates with a massive scale, employing about 7,000 staff and overseeing over 800,000 prosecutions annually. The system is decentralized into 14 regional areas, though much of the initial charging advice is now handled by 'CPS Direct,' a remote team providing 24/7 support. This ensures that while the CPS remains an independent authority free from government ministers' influence, it maintains a constant, structured link with the police forces across the country.
Despite its scale, the CPS faces ongoing scrutiny regarding efficiency and communication. A 1998 Glidewell Report highlighted significant failures in coordination between the police and prosecutors, leading to recommendations for better cooperation and resource focus on serious crimes. The agency continues to balance these demands while navigating budget constraints that have historically forced significant restructures and voluntary redundancies.
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Sources
- Summary by Intellect · source: Crown Prosecution Service
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