If you have been a victim of a homophobic crime and the case is being taken to court, you may find it useful to know more information about the Crown Prosecution Service (CPS).
The CPS is the Government Department responsible for prosecuting criminal cases investigated by the police in England and Wales. As the principal prosecuting authority in England and Wales, they are responsible for:
- Advising the police on cases for possible prosecution.
- Reviewing cases submitted by the police.
- Where the decision is to prosecute, determine the charge in all but minor cases.
- Preparing cases for court.
- Presentation of cases at court.
CPS Vision
The CPS is working to become a world-class, independent prosecuting authority that delivers a valued public service by:
- Strengthening the prosecution process to bring offenders to justice
- Championing justice and the rights of victims
- Inspiring the confidence of the communities they serve
- Driving change and delivery in the Criminal Justice System
- Being renowned for fairness, excellent career opportunities and the commitment and skills of all their people
- Having a strong capability to deliver
How does the CPS decide whether or not to prosecute a case?
The decision about whether to go ahead and prosecute a case in court is based on two tests. These are:
- The evidential test—the case must have a realistic prospect of conviction
- The public interest test—the case must be in the public interest.
Dealing with cases which have a homophobic element
The CPS has its own Homophobic Crimes Policy.
The Law, (Criminal Justice Act 2003, Section 146) now requires all involved in criminal cases to treat the fact that an offence was homophobically motivated as an aggravating feature which is particularly important when it comes to sentencing.
The CPS and police recognise the particular difficulties that some LGBT victims and witnesses have in giving evidence and the establishment of Witness Care Units throughout the country should provide individual support, assistance and referral for those witnesses.
For more information about the CPS please go to their website.