Let’s delve into the workings of the Crown Prosecution Service, commonly known as the CPS, with a particular focus on the CPS Decision Time Limit. It might be a subject some may find confusing, so we’ll aim to make it as simple as possible to understand.
The CPS in the UK plays a crucial role in the criminal justice system. Its primary responsibility is to consider the evidence gathered by the police and other investigative agencies, then to decide whether to bring a case to court. But there’s always a question: how long does the CPS have to make a decision? Let’s explore.
The clock starts ticking once a suspect is arrested. In the UK, the police generally have 24 hours to either charge or release a suspect, but it can be extended up to 96 hours if approved by a court. Beyond this, the police can apply for a ‘warrant of further detention’ in serious cases, which can extend the detention period up to 14 days.
While there’s a time limit for police to charge a suspect, there’s no singularly defined time limit for the CPS to make a decision. The time it takes can depend on various factors such as complexity of the case, sufficiency of the information received, and available resources. However, anyone waiting on a decision can expect it to be made in a ‘reasonable’ time, generally within months rather than years.
Even without a set time limit, the CPS follows a policy on ‘Managing Delay’. This policy encourages timely, effective progression of cases, ensuring that delays are minimised. Where evidence is ready and a decision can be made, the CPS aims to make that decision within an average of 5 days from the receipt of a full file from the police.
If you feel a decision is taking too long, you have the right to appeal through the CPS Victims’ Right to Review Scheme. In situations where delay has led to the suspect’s release, and there is risk to the public or the victim, a review can be expedited.
Courts don’t directly impose time limits on the CPS, but they do influence the pace indirectly. Courts can refuse to hear a case if they believe the delay from the CPS has led to an ‘abuse of process’ i.e. fundamentally unfair proceedings.
The kind of crime a suspect is charged with can heavily influence the time it takes the CPS to make a decision. For example, complex cases such as murder or fraud typically require thorough investigation and detailed legal analysis before a decision can be made. So these cases may take longer than less complex ones, like low level theft or public disorder offences.`
Understanding the CPS, the Decision Time Limit and how they work is crucial if you’re involved in a case, whether as a suspect, victim or merely an observer. It helps you know what to expect in the course of the proceedings and, importantly, it reinforces the idea that justice, whilst it needs to be swift, must never be rushed at the expense of fairness and thoroughness.
