NCJ Number
47262
Journal
Police Studies Volume: 1 Issue: 1 Dated: (MARCH 1978) Pages: 19-24
Date Published
1978
Length
6 pages
Annotation
THE PROSECUTORIAL SYSTEM OF ENGLAND AND WALES IS COMPARED WITH THAT OF SCOTLAND IN A DISCUSSION OF THE DESIRABILITY OF ESTABLISHING A NATIONAL SYSTEM OF PUBLIC PROSECUTORS IN ENGLAND AND WALES.
Abstract
A BASIC PRINCIPLE OF ENGLISH LAW IS THAT EVERY CITIZENS HAS A RIGHT TO PROSECUTE. THAT PRINCIPLE HAS NEVER BEEN DIRECTLY CHALLENGED, BUT THERE HAS BEEN DEBATE ON THE MERITS OF ADOPTING EITHER THE SCOTTISH OR FRENCH SYSTEM OF PUBLIC PROSECUTORS. IN THE ENGLISH SYSTEM, DESPITE REFERENCES TO 'POLICE PROSECUTIONS,' IT IS THE INDIVIDUAL WHO PROSECUTES, BE IT A POLICE OFFICER, PUBLIC HEALTH INSPECTOR, OR PRIVATE CITIZEN. IN REALITY, HOWEVER, IT IS EXTREMELY DIFFICULT AND COSTLY FOR PRIVATE CITIZENS TO INITIATE PROSECUTIONS, AND VIRTUALLY ALL PROSECUTIONS ARE BROUGHT BY THE POLICE AND BY CENTRAL AND LOCAL DEPARTMENTS OF GOVERNMENT. ADVOCATES OF CHANGE GENERALLY FAVOR THE SCOTTISH SYSTEM WITH ITS OFFICE OF PROCURATOR FISCAL. IN SCOTLAND, THE PROCURATOR FISCAL CARRIES CONSIDERABLE RESPONSIBILITY AND IS GIVEN A GREAT DEAL OF DISCRETION. THE OFFICE COMBINES THE DUTIES AND RESPONSIBILITIES OF CORONER, PROSECUTING SOLICITOR, DETECTIVE, AND CHIEF CONSTABLE. A COMPARISON OF THE ENGLISH AND SCOTTISH SYSTEMS INDICATES THAT ENGLAND'S METHOD OF DECIDING ON PROSECUTIONS AND PREPARING CASES IS SATISFACTORY AND IS LESS COSTLY THAN THE SCOTTISH METHOD. THE MOTIVATON BEHIND ARGUMENTS IN FAVOR OF CHANGING THE ENGLISH SYSTEM IS QUESTIONED. A BIBLIOGRAPHY IS PROVIDED. (LKM)