CPS versus Police

[tremar]

I have a family member that has been on police bail whilst the police are looking into a case of harassment. Yesterday when he reported to the police the CPS said they do not want to have anything to do with it but the police office in charge of the case insisted that he was not interested in the CPS and insisted that my family member was charged and was bailed to appear in court in early April. My question is do the police have the power to do this.

[des8]

Re: CPS versus Police

Short answer is "yes, police do have power to charge".

You might find this site of interest "https://www.cps.gov.uk/publications/directors_guidance/dpp_guidance_5.html"
Especially sections 4 & 5

[Openlaw15]

Re: CPS versus Police

I have a family member that has been on police bail whilst the police are looking into a case of harassment. Yesterday when he reported to the police the CPS said they do not want to have anything to do with it but the police office in charge of the case insisted that he was not interested in the CPS and insisted that my family member was charged and was bailed to appear in court in early April. My question is do the police have the power to do this.

Well, what rank is the officer? What section and what law has been cited for the criminal offence. Usually in criminal cases there needs to be 'intention' or in legal speak, mens rea. What are the basic facts, ie how serious was the harassment? Do they have a lawyer representing them, if so what has the lawyer advised? It may be an abuse of process. There is clearly a conflict of interest if the CPS do not want to charge your family member but the police in fact do. If i remember my public law studies correctly, by law it's usually the CPS who prosecute or in practice after consulting with the police. It's not a case of whether the police want to charge it's whether there is sufficient evidence to charge for a conviction. It is also whether there is a public interest to prosecute.

General stuff. First stage, well, the police arrest someone if it's reasonable for them to believe a crime has been committed. Once arrested, the police investigate whether there is sufficient evidence to charge the person with the alleged criminal offence. Charge means sufficiently serious for the CPS to convince the court of a conviction. If there is sufficient evidence to charge the police usually contact the CPS to determine whether the evidence of the crime is sufficient for a conviction. The police or CPS can only bring a person to court for a chargeable offence if there is reasonable belief that there is sufficient evidence to result in a successful prosecution, ie a conviction. In public law, they also have the right to fair hearing under law.