Prosecutions
3 important questions on Prosecutions
There have been some significant changes the past couple of years in the organization and working of the CPS, name a few.
- Many CPS caseworkers (nog legally qualified) now deal with not only with the preparation of the cases but also with the presentation of straightforward guilty plea cases in magistrates courts'
- Statutory charging scheme : here the CPS takes all charging decisions at the outset in respect of all indictable only and triable-either-way- offenses, whereas many lesser offenses may be charged by the police.
When evidence is insufficient a person can not be prosecuted, the essence of wrongness lies in the protection of the innocent. Why is this so important?
1. As a method of ensuring that innocent people are not subsequently convicted, by weeding out weak cases at an early stage;
2. being prosecuted is is a considerable inconvenience
3. economic reasons, it is a considerable expense
It is therefore desirable in general that weak cases should be eliminated as early as possible
What ar the three major issues which had to be discussed before the principle of evidential sufficiency could be translated into practice?
1. What should be the test of sufficiency?
2. Should the test vary according to the stage the case has reached?
2. Should the test vary according to the stage the case has reached?
3. How can prosecutors, at the stage of prosecutorial review, be expected to assess cases on basis of a written file?
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