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'Justice requires that prosecutions should be undertaken by a body which is fully independent and impartial'. To what extent does the CPS fulfil this role?
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'Justice requires that prosecutions should be undertaken by a body which is fully independent and impartial'. To what extent does the CPS fulfil this role? Until 1986, criminal prosecutions were officially brought by private citizens rather than the state: in practice, however, most prosecutions were brought by the police, though technically they were prosecuting as private citizens. This issue had been brought to ahead in 1970, when the law reform group, JUSTICE, criticised the role of the police in the prosecution process. It argued that it was not in the interests of justice for the same body to be responsible for the two very different functions of investigation and prosecuting. This dual role prevented the prosecution from being independent and impartial: the police had become concerned with winning or losing, when the aim of the prosecution should be to discovery the truth. As a result, there was a real danger...
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