The Prosecution of "Weak" Cases in England and Wales

Abstract

One criticism of the prosecution system in England and Wales is that there is a high acquittal rate because weak cases are pushed to trial by the police. In a recent report the Royal Commission on Criminal Procedure (1981) recommended creation of a prosecution system that would cover every police force and would be politically accountable to the same local authority as the chief constable. Through these changes it hoped to shift the crucial decision to prosecute away from the police. A study of the relationship of the police and their prosecuting solicitors was conducted to describe the system and to examine the influences brought to bear on the decision to prosecute. It was found that varying legal powers allow the police to press a case in court against the advice of their prosecutor. In England the police view their responsibility as continuing until conviction. Theformal structures of arrest, summons, and charge limit the opportunities ofprosecuting solicitors to examine cases early in the process, and the law rests the ultimate authority to drop cases with the chief constable. Although the recommendations of the Royal Commission will give prosecutors theformalpower to terminate prosecutions this study demonstrates the likelihood that the police will still control the earl/v stages of case assessment and that weak cases will continue to beforwardedfor trial.