NCJ Number
158658
Date Published
1995
Length
24 pages
Annotation
This chapter explains the various aspects of the British prosecution process.
Abstract
The opening section of the chapter considers the need for judicial supervision of pretrial procedures. The current lack of pretrial monitoring of police and prosecutorial procedures is viewed as insignificant by supporters of the current system, given that the formal trial is adversarial. Some of those who argue that pretrial decisions significantly impact the legal status of the accused at the time of trial recommend the use of a judicial officer to monitor the decision to prosecute, the nature and level of the charge, and the need for detention. Alternatives to current unmonitored pretrial decisions are discussed in detail. A section on the nature of pretrial decisions addresses cautioning, charging, and bail. A brief section on the evolution of the prosecutorial role focuses on the symbolic nature of trials from the 18th Century to the present. Other sections of the chapter discuss the development of the public prosecutor, the modern prosecution system, the crown prosecutor, the decision to prosecute and the Code of the Crown Prosecution Service, whether or not prosecutorial discretion is reviewable, discontinuance and nonjury acquittals, sentencing, and the prosecutor of the 21st Century. 2 tables and 37 footnotes