Independent Prosecution Service - Principles and Practice (From Police - Powers, Procedures and Proprieties, P 243-250, 1986, John Benyon and Colin Bourn, eds. - See NCJ-104641) , eds. - See NCJ-104641)

• NCJ Number: 104662
• Author(s): W Merricks
• Date Published: 1986
• Length: 8 pages
• Sale Source: Pergamon Press, Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The new integrated national system of independent prosecutions mandated under the British Prosecution of Offences Act 1985 should be open, fair, and accountable.

Abstract

Fairness involves prosecuting only defendants against whom an adequately prepared case can be presented. This means that although investigative and prosecutorial functions have been separated under the new system, police and prosecutors should work together to ensure that investigations are thorough and yield sufficient evidence to make a conviction likely. Fairness also means there should be no arbitrary or inexplicable inconsistencies in prosecutions across the country. This can be facilitated by the centralized setting of clear prosecutorial policies and the monitoring of their implementation. Accountability and openness are related. Openness requires that general prosecutorial policy and policy related to the prosecution of particular categories of offenses be made public along with data pertinent to the implementation of prosecutorial policy. Other important issues in the development of the new system are the evolution of close working relationships between the courts, justice clerks in particular, and the prosecution service; the development of fixed penalties issued by prosecutors; and the wise use of additional police resources formerly used in prosecutorial tasks. 5 notes.