Introduction
In the legal system of England and Wales, the responsibility for prosecuting criminal cases lies with the Crown Prosecution Service (CPS). The CPS was established by the Prosecution of Offences Act 1985 and is the principal public prosecution authority. It is headed by the Director of Public Prosecutions (DPP). This essay will explain the position and roles of senior prosecutors who operate below the DPP. While the specific title ‘Deputy Public Prosecutor’ is not formally used in England and Wales, this essay will identify the officials who fulfil this function and describe their key responsibilities, focusing on their leadership, casework, and strategic roles within the criminal justice system.
The Structure of the CPS and Senior Prosecutors
The CPS is a large, national organisation. To manage its operations, it is divided into 14 geographical areas across England and Wales, alongside three national, specialist divisions dealing with matters like serious economic crime and organised crime (CPS, n.d.). At the head of the entire service is the Director of Public Prosecutions, a position appointed by the Attorney General.
The question asks about ‘Deputy Public Prosecutors’. This exact title is not part of the formal structure of the CPS in England and Wales, though it is used in other Commonwealth jurisdictions. The roles that would be considered equivalent to a deputy are carried out by a team of senior officials. The most visible of these are the Chief Crown Prosecutors (CCPs), who lead each of the 14 CPS regions. These individuals are senior lawyers who function as the head of the CPS in their designated area and are responsible for all prosecution decisions and the management of staff within it. They are, in effect, the DPP's deputies at a regional level.
The Managerial and Leadership Role
A primary role of a Chief Crown Prosecutor is one of leadership and management. Each CCP is responsible for a large team of lawyers, paralegals, and administrative staff. Their duties include managing the area’s budget, setting performance targets, and ensuring the efficient and effective delivery of prosecution services (Slapper and Kelly, 2017). This involves making sure that cases are progressed through the court system in a timely manner and that the quality of prosecution work meets national standards. They are accountable for the performance of their area, reporting upwards to the central CPS headquarters and the DPP. This managerial function is crucial for maintaining the operational effectiveness of the CPS across the country.
The Legal and Casework Role
While much of their work is managerial, Chief Crown Prosecutors are also experienced lawyers who retain an important legal role. They are responsible for ensuring that all prosecution decisions made in their area comply with the Code for Crown Prosecutors. This Code sets out a two-stage test that must be applied to every case: the 'evidential stage' (is there a realistic prospect of conviction?) and the 'public interest stage' (is it in the public interest to prosecute?).
A CCP will not personally review every case file, but they will be consulted on, and often make the final decision in, the most complex, serious, or sensitive cases within their region (CPS, 2023). This could include homicide cases, large-scale fraud, or cases that attract significant public or media attention. In this capacity, they provide legal guidance to their teams and ensure that the principles of fairness and independence, which are central to the CPS's mission, are upheld in every prosecution.
The Strategic and Public-Facing Role
Finally, Chief Crown Prosecutors have a key strategic and public-facing role. They are the main point of contact between the CPS and other major criminal justice agencies in their region, such as the police force and the courts. They regularly meet with Chief Constables and senior judges to discuss joint priorities and resolve operational issues. This partnership working is essential for the smooth functioning of the criminal justice system. Furthermore, CCPs act as the public face of the CPS in their community, engaging with local groups, stakeholders, and the media to explain the prosecution process and build public confidence in the work of the CPS (CPS, n.d.). They are responsible for implementing national CPS policies at a local level and feeding back regional issues to inform the development of future strategy.
Conclusion
In summary, while the title ‘Deputy Public Prosecutor’ is not officially used in England and Wales, the functions of this role are performed by senior leaders within the Crown Prosecution Service, most notably the Chief Crown Prosecutors. These individuals are central to the operation of the criminal justice system. Their role is multifaceted, combining senior management and leadership of a CPS region with responsibility for making decisions in the most serious and sensitive criminal cases. They also play a crucial external role, engaging with partners like the police and the public to ensure the effective and fair administration of justice. Therefore, they are fundamental to the CPS’s ability to deliver its core mission of prosecuting cases independently, fairly, and effectively.
References
Crown Prosecution Service. (2023) The Code for Crown Prosecutors. Available at: https://www.cps.gov.uk/publication/code-crown-prosecutors (Accessed: 15 October 2023).
Crown Prosecution Service. (n.d.) About CPS. Available at: https://www.cps.gov.uk/about-cps (Accessed: 15 October 2023).
Prosecution of Offences Act 1985. c.23.
Slapper, G. and Kelly, D. (2017) The English Legal System. 18th edn. Routledge.
