Prosecution and Criminal Justice (From Police: Powers, Procedures and Proprieties, P 193-195, 1986, John Benyon and Colin Bourn, eds. -- See NCJ-158031)

• NCJ Number: 158047
• Author(s): C Bourn
• Date Published: 1986
• Length: 3 pages
• Sale Source: Pergamon Press Limited
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United Kingdom

Annotation

Changes have been made to prosecution and trial procedures in England, in response to recommendations of the Philips Commission and the Eleventh Report of the Criminal Law Revision Committee; the Prosecution of Offences Act of 1985 creates a national prosecution service independent of the police, while the Police and Criminal Evidence Act of 1984 modifies certain important rules of evidence.

Abstract

Arguments for an independent prosecution service were accepted by the Philips Commission. This commission recommended a local prosecution system working within national guidelines, although the Prosecution of Offences Act created a national system under the control of the Director of Public Prosecutions (DPP). Arguments in favor of a local scheme include the view that it would facilitate coordination with local police forces. Concerns with the national prosecution system focus on the relation between prosecutors and defense attorneys and how DPP guidelines on prosecutorial discretion are exercised in practice. Evidence provisions in the Police and Criminal Evidence Act are based on recommendations in the Eleventh Report of the Criminal Law Revision Committee. The act covers the admissibility of documentary evidence, computer records, proof of previous convictions and acquittals, confessions, and the exclusion of unfair evidence.