the prosecution process 

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  • the prosecution process
    • intro
      • majority of prosecutions brought by the CPS on behalf of the state
      • CPS set up by prosecution of offenders act 1985
        • before that police decided on prosecution- found to be inconsistent and unfair
      • head of CPS DPP
    • private prosecutions
      • it was also possible for a private individual/  business to start a prosecution
        • only happen if police have refused  to investigate or CPS dropped a case
      • to do this- individual must present a written account of the alleged offence to a magistrate
      • Attorney general has the right on behalf of the state to take over any private criminal prosecution/ decide whether it should continue  or not
        • Attorney General- GOVs principal legal advisor
      • if magistrate believes there is sufficient reason -- a summons will be served on the defendant
    • pre- trial and trial proceedings
      • pre trial hearings
        • all cases first go to magistrates court- unusual to be completed at first hearing
        • type of offence affects number/ type of pre trial  hearings / where final trial will take place
      • type of offences
        • summary- magistrates court
        • tribal either way magistrates/ crown court
        • indictable crown court
      • bail
        • a decision  must be made whether the defendant stays in custody or stays in custody or be granted bail
        • police may grant bail during their investigations
        • if police don't grant bail/ defended is charged with an offence they must be brought to the magistrate court
        • number of pre trial hearings take place includeing  issue of bail
        • bail act 76 relevant legislation
    • trial  proceedings
      • magistrates court
        • all criminal cases begin hear
        • summary offences- early administrative hearing
        • may be an adjournment before the trail
          • usually to allow for a pre trail review
          • during this time D will remain on bail/ custody as appropriate
      • tribal ether way offences
        • necessary   to decide where to hear the case
        • plea before venue
          • criminal procedure and investigations act  96
        • mode of trial
          • if D pleads not guilty magistrates must decide where trail will be head
            • under S 19 of magistrates court act 80
            • nature of the case
            • whether circumstances of the case make it particular serious
            • whether they have adequate powers to punish the D
            • comments made bout mode of trial by prosecution/ defence
      • indictable offences
        • have to be tried/ sentenced in the crown court
        • case is transferd immedialey  transfer proceeings
          • s 51 crime/ disorder act 98
      • trial  process
        • a trial will be head if D pleads not guilty
        • courts job to decide if he/ she is guilty or not
        • summary  trial in magistrates court
        • trial on indictment in crown court
  • plea before venue
    • criminal procedure and investigations act  96


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