the prosecution process
- Created by: patrick flood
- Created on: 23-05-14 11:49
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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
- it was also possible for a private individual/ business to start a prosecution
- 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
- pre trial hearings
- 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
- if D pleads not guilty magistrates must decide where trail will be head
- 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
- magistrates court
- intro
- plea before venue
- criminal procedure and investigations act 96
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