98-405: State prosecutor may refer to a prosecutor who works for a state government ; see : State Prosecutor may also be the name of a specific office, such as: Prosecutor A prosecutor is a legal representative of the prosecution in states with either the adversarial system , which is adopted in common law , or inquisitorial system , which is adopted in civil law . The prosecution
196-545: A Crown prosecutor . Although Scots law is a mixed system, its civil law jurisdiction indicates its civil law heritage. Here, all prosecutions are carried out by Procurators Fiscal and Advocates Depute on behalf of the Lord Advocate , and, in theory, they can direct investigations by Police Scotland . In very serious cases, a Procurator Fiscal, Advocate Depute, or even the Lord Advocate may take charge of
294-445: A 2013 investigation found that actual discipline for prosecutorial misconduct was lacking. Prosecutors are also tasked with seeking justice in their prosecutions. "The United States Attorney," explained the U.S. Supreme Court, is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in
392-537: A brief period between 2010 and 2016, the position of Public Prosecutor General has been held concurrently by the Minister of Justice. Prosecutors are public officials who are members of the Prosecutor's Office. Prosecutors can conduct crime investigations directly or indirectly. They are responsible for the entire process of investigations and court prosecutions. Since Korean modern law was designed after civil law,
490-472: A case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged. The second question asked is: Is a prosecution required in the public interest? These questions must be answered in this order; if there is insufficient evidence, the public interest in prosecuting is irrelevant. According to the code, if there is insufficient evidence to prosecute, no further action will be taken against
588-478: A case, such as failing to disclose evidence, can result in the courts either acquitting a defendant or quashing the conviction on appeal. When an appeal against conviction or sentence is lodged by a defendant, the CPS will decide whether or not to oppose the appeal after considering the grounds of appeal. If it decides to oppose, it will present relevant evidence and material to assist the appellate court. Exceptionally,
686-408: A case. Technical barriers were already in place that those prosecuting did so as private citizens, rendering them open to the range of evidential offences imposable by the court. This Royal Commission's recommendation was not implemented by all police forces, however, and so in 1977, another was set up, this time headed by Sir Cyril Philips . It reported in 1981, recommending that a single unified team,
784-902: A criminal investigation but cannot prevent one ( droit d'injonction positive / positief injunctierecht ). In Brazil, the public prosecutors form a body of autonomous civil servants—the Public Ministry ( Ministério Público )—working both at the federal and state level. Members of the Federal Prosecution Service are divided in three ranks, according to the jurisdiction of the courts before which they officiate. Federal Prosecutors ( Procuradores da República ) officiate before single judges and lower courts, Federal Circuit Prosecutors ( procuradores regionais da República ) before federal appellate courts, and Associate Federal Prosecutors General ( subprocuradores gerais da República ) before superior federal courts. The Prosecutor General of
882-468: A criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce
980-487: A criminal trial, prosecutors must introduce and explain the case to the trier of fact, i.e., judges or jury. They generally suggest a reasonable sentence which the court is not obligated to follow; the court may decide on a tougher or softer sentence. Crown prosecutors also have a number of administrative duties. They may advise the court during civil actions. Under Belgian law, judges and prosecutors are judicial officers with equal rank and pay. The Minister of Justice can order
1078-477: A few distinct species. Prosecutors of minor criminal cases in lower courts are police sergeants with a traineeship in prosecution and advocacy lasting approximately one year in duration, although they may hold law degrees. Crown Prosecutors are always lawyers and typically barristers, and they represent the state or Commonwealth in serious criminal cases in higher courts, County Court and above. Aside from police prosecutors and Crown prosecutors, government agencies have
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#17327760481671176-431: A judicial inquest. With a judge investigating, Crown prosecutors do not conduct the interrogatories, but simply lay out the scope of the crimes which the judge and law enforcement forces investigate ( la saisine ). Like defense counsel, Crown prosecutors can request or suggest further investigation be carried out. The Crown prosecutor is in charge of policy decisions and may prioritize cases and procedures as need be. During
1274-578: A low value) but cannot charge suspects with indictable offences without authorisation from a crown prosecutor (except in certain emergency situations). The Code for Crown Prosecutors requires prosecutors to answer two questions in the "Full Code Test": Is there sufficient evidence for a realistic prospect of conviction? (in other words, is there sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge). The code outlines this means that an objective, impartial and reasonable jury or bench of magistrates or judge hearing
1372-553: A police investigation. It is at the discretion of the Procurator Fiscal, Advocate Depute, or Lord Advocate to take a prosecution to court, and to decide on whether or not to prosecute it under solemn procedure or summary procedure . Other remedies are open to a prosecutor in Scotland, including fiscal fines and non-court based interventions, such as rehabilitation and social work . All prosecutions are handled within
1470-548: A prosecutor from the independent 'Wooler' review; the Environmental, Food and Rural Affairs Committee and the Justice Select Committee, given they also investigate the offences and campaign politically for animal rights. The ongoing issues with private prosecutions outlined above has led to the Justice Select Committee calling for a closer examination of the process and regulation by government. It
1568-443: A review, these numbered 42 to mirror the police forces (save that CPS London dealt with both of London's territorial police forces). CPS Direct provides charging advice/authorisation by phone and electronically to police forces at all hours. Prosecutors assigned to CPS Direct are remote workers in order to provide support outside of normal business hours. Most charging decisions by the CPS are now made by CPS Direct, which then passes
1666-562: A single country, especially in those countries with federal governments where sovereignty has been bifurcated or devolved in some way. Since the power of the state backs prosecutors, they are subject to special professional responsibility rules in addition to those binding all lawyers. For example, in the United States, Rule 3.8 of the ABA Model Rules of Professional Conduct requires prosecutors to "make timely disclosure to
1764-497: A suspect. The seriousness or circumstances of the case must justify the making of an immediate charging decision, and there must be substantial grounds to object to bail. There must be a rigorous examination of the five conditions of the Threshold Test to ensure that it is only applied when necessary and that cases are not charged prematurely. All five conditions must be met before the Threshold Test can be applied. Where any of
1862-553: A very small number of difficult or important cases; once prosecution had been authorised, the matter was turned over to the Treasury Solicitor . Police forces continued to be responsible for the bulk of cases, sometimes referring difficult ones to the Director. In 1962 a Royal commission recommended that police forces set up independent prosecution teams so as to avoid having the same officers investigate and prosecute
1960-484: A wrongful conviction as it is to use every legitimate means to bring about a just one. Prosecutors in some jurisdictions have the discretion to not pursue criminal charges, even when there is probable cause , if they determine that there is no reasonable likelihood of conviction. Prosecutors may dismiss charges in this situation by seeking a voluntary dismissal or nolle prosequi . In Kentucky, Massachusetts, Pennsylvania, and Virginia, criminal prosecutions are brought in
2058-608: Is assisted by the CPS Chief Executive in running the organisation. Most of its casework is dealt with by the fourteen CPS Areas, which are responsible for conducting prosecutions in specific parts of England and Wales; each area is led by a Chief Crown Prosecutor. The areas are composed of police force areas , except in London where the Metropolitan Police are split across two areas. They are: Before
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#17327760481672156-413: Is based on the prosecutor's objective assessment of the evidence, including the impact of any defence and any other information that the suspect has put forward or on which they might rely. It means that an objective, impartial, and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of
2254-466: Is indeed carried out. They are obligated under the Constitution to initiate preliminary investigations once they are informed or take personal notice of a criminal act— notitia criminis —or receive a bill of complaint. They can direct investigations or conduct them through orders and directives given to (judicial) police detectives, who can make their own parallel investigations in coordination with
2352-542: Is responsible for inspecting the work of the CPS. The current Chief Inspector of the CPS is Kevin McGinty. The CPS will often provide confidential advice to investigators on the viability of a prosecution in complex or unusual cases. This includes clarifying the intent needed to commit an offence or addressing shortcomings in the available evidence. Unlike in many other jurisdictions, the CPS has no power to order investigations or direct investigators to take action. Whether
2450-452: Is the legal party responsible for presenting the case in a criminal trial against the defendant , an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to
2548-433: Is under an obligation to investigate and present information that may incriminate or exonerate the defendant. The prosecutor is not a judicial officer, nor do they participate in the private deliberations of the court. Public prosecutors are the only public officers who can decide to appeal cases to appellate courts . Otherwise, appeals are initiated by defense counsel, the plaintiff, their representatives, and other parties to
2646-615: Is usually practically difficult for an individual to bring a private prosecution given the high cost – estimated by the Ministry of Justice at £8,500 on average. Even if a private prosecutor is not legally qualified, they must meet the usual legal requirements lawyers must undertake including the Criminal Procedure Rules and appropriate disclosure standards. The DPP has authority to take over any prosecution instituted by another person or organisation, and to discontinue
2744-404: Is wide, a list of the offences can be found at Annex 1 of Consents to Prosecute . In England and Wales, there is a statutorily protected common law right for any person to institute a private prosecution. This right is retained by section 6(1) Prosecution of Offenders Act 1985 . Some organisations regularly use private prosecutions on a large scale to achieve an institutional goal, for example
2842-583: The Attorney-general or Solicitor-general , king's serjeants or attorneys, prosecutors instructed by the sheriff or justice of the peace. It was more likely that the Attorney-General or Solicitor-General would be involved in prosecutions of serious crimes such as high treason at the Court of King's Bench at Westminster Hall . The second means of prosecution was by "appeal", which was when
2940-474: The Court of Cassation ) and his deputies and assistants ( avocats généraux and substituts ). The Chief Prosecutor generally initiates preliminary investigations and, if necessary, asks that an examining judge ( juge d'instruction ) be assigned to lead a formal judicial investigation. When an investigation is led by a judge, the prosecutor plays a supervisory role, defining the scope of the crimes being examined by
3038-470: The Crown Office and Procurator Fiscal Service . Procurators fiscal will usually refer cases involving minors to Children's Hearings , which are not courts of law, but a panel of lay members empowered to act in the interests of the child. The United States is the only country in the world where citizens elect prosecutors. The director of a prosecution office is known by any of several names depending on
State prosecutor - Misplaced Pages Continue
3136-544: The Director of Public Prosecutions . The main responsibilities of the CPS are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation, and to conduct prosecutions both in the magistrates' courts and the Crown Court . The Attorney General for England and Wales superintends
3234-936: The Ministry of Justice are largely prosecutors. The highest-ranking prosecutor office of the Prokuratura in Poland is the Prokurator Generalny ( General Prosecutor ), who is the chief of the Prokuratura Krajowa (National Public Prosecutor's Office). The GP has 5 deputies. The structure of Public Prosecution in Poland is four-level: Prokuratura Krajowa — National Public Prosecutor's Office; prokuratury regionalne — provincial public prosecutor's offices (11); prokuratury okręgowe — regional public prosecutor's offices (45); and prokuratury rejonowe — district public prosecutor's offices (358). Apart from
3332-486: The Serious Fraud Office (SFO), Service Prosecuting Authority (SPA), and Financial Conduct Authority (FCA). These organisations and their legal representatives may be called prosecutors. This is the same for any person, organisation, or their representatives during a private prosecution . Finally, when cases are brought to trial, a barrister or solicitor with higher rights of audience may present
3430-525: The Attorney General has no role in the day-to-day running of the organisation or in deciding whether a suspect should be prosecuted. The CPS is an independent prosecuting authority and government ministers have no influence over its decision making. The only exceptions to this rule are when a case involves matters of national security or the Attorney General must personally consent to a prosecution (e.g. all Official Secrets Act prosecutions require
3528-548: The Attorney General is not a prosecutor in England and Wales. Instead, the role is a political office of the chief legal advisor to the executive . Crown Prosecutors are lawyers who work for the CPS. They are responsible for researching, advising police investigations, preparing cases for trial and sometimes presenting the case at trial. These lawyers may also be referred to as prosecutors. A number of other bodies have authority to bring prosecutions in England and Wales, including
3626-595: The Attorney General's permission to proceed). Due to the Attorney General's limited role in the CPS's casework, the use of nolle prosequi (halting of proceedings on indictment; a prerogative of the Attorney General) is now rare. Questionable incidents, such as the dropping of the case against John Bodkin Adams for what was believed to be purely political reasons, have not been repeated in modern times. His Majesty's Crown Prosecution Service Inspectorate (HMCPSI)
3724-512: The Brazilian constitution to bring action against private individuals, commercial enterprises, and the federal, state and municipal governments, in the defense of minorities, the environment, consumers, and the civil society in general. In France, the Office of the Prosecutor includes a Chief Prosecutor ( Procureur de la République in trial courts and procureur général in appellate courts or
3822-505: The CPS employs about 7,000 staff. They primarily prepare cases for internal and external advocates and liaise with police and third parties. Its approved external advocates number 2,900 solicitors and barristers , among which are specialists. Both sets of advocates include King's Counsel —concentrated externally. Headquartered in London and York, the senior management team sets policies and handles corporate matters such as finance and communications. The Director of Public Prosecutions
3920-420: The CPS has invited defendants to appeal when it has concluded that the safety of a conviction was questionable, for example in the case of undercover police officer Mark Kennedy . The Extradition Act 2003 tasks the CPS with representing foreign states in extradition proceedings, heard at Westminster Magistrates' Court . While it acts on the foreign prosecutor's instructions, the CPS retains discretion on how
4018-516: The CPS is asked for advice or a charging decision is entirely at the discretion of investigators (see History for background on this division of responsibilities in England & Wales). The Crown Prosecution Service is responsible for charging suspects with indictable offences (e.g. murder , rape ) and all other criminal offences that lay beyond the prosecutorial authority of the police. Police forces can charge suspects with less serious summary offences (e.g. common assault , criminal damage with
State prosecutor - Misplaced Pages Continue
4116-471: The CPS's work and answers for it in Parliament , although the Attorney General has no influence over the conduct of prosecutions, except when national security is an issue or for a small number of offences that require the Attorney General's permission to prosecute. Historically prosecutions were conducted through a patchwork of different systems. For serious crimes tried at the county level, justices of
4214-614: The CPS. Nevertheless, these prosecutors will follow the standards set by the Code of Crown Prosecutors alongside their own prosecution policies, which may deal with issues specific to the types of crime they engage with. There may, at times, be confusion as to which agency is responsible for having brought a prosecution. Which agency is prosecuting may affect whether an offence can be properly tried, as not all agencies can investigate and prosecute all offences. In R v Stafford Justices ex parte Customs and Excise Commissioners (1991) 2 All ER 201, it
4312-1064: The Chief General Prosecutor before the Corte di Cassazione , the Supreme Court of Italy. Prosecutors are allowed during their career to act in the other's stead, although a ruling by the Constitutional Court of Italy stated that prosecutors who wish to become judges must relocate to another region and are prohibited to sit or hear trials that they themselves initiated. In Japan, Public Prosecutors ( 検察官 , kensatsu-kan ) are professional officials who have considerable powers of investigation, prosecution, superintendence of criminal execution and so on. Prosecutors can direct police for investigation purposes, and sometimes investigate directly. Only prosecutors can prosecute criminals in principle, and prosecutors can decide whether to prosecute or not. High-ranking officials of
4410-544: The Crown Prosecution Service (CPS), be made responsible for all public prosecutions in England and Wales. A White paper was released in 1983, becoming the Prosecution of Offences Act 1985 , which established the CPS under the direction of the Director of Public Prosecutions, consisting of a merger of his old department with the police prosecution departments. It started operating in 1986. In 1997,
4508-476: The DPP may be referred to as a prosecutor, the individual in the role would not take any cases to court. The DPP is appointed by His Majesty's Attorney General for England and Wales , and the Attorney General also has supervisory authority as the sponsor of the CPS; however, the CPS is an independent body and the Attorney General cannot direct particular prosecutions. Unlike in the United States and other jurisdictions,
4606-427: The Director's Guidance on Charging. The first stage in prosecuting a case is deciding to charge the suspect, and it is this process which begins the prosecution. The CPS has the authority to decide whether a person is charged in all offences. However, the police may charge all summary offences , and either-way offences when there is an anticipated guilty plea . The nature of the offence is suitable for sentence in
4704-590: The Home Office tasked Sir Iain Glidewell to inquire into performance of and make recommendations for the CPS. The Glidewell Report of June 1998 found that 12% of charges by police were discontinued by the CPS and that there were failures to communicate between the two. It recommended the CPS: Rebecca Lawrence , who was the chief executive of the CPS from 2019 to 2023, brought a claim against
4802-418: The Prosecutor. If enough evidence has been gathered in order to proceed, the prosecution is compulsory and it must move from preliminary investigations to initiate trial proceedings. At trial, the prosecuting attorney has to handle the prosecution but has an overarching duty to promote justice. In practice, this duty means that prosecutors are prohibited from withholding exculpatory evidence and must request that
4900-570: The Republic ( Procurador Geral da República ) heads the federal body, and tries cases before the Brazilian Supreme Court . At the state level, the career is usually divided in state prosecutors ( promotores de Justiça ) who practice before the lower courts and state apellate prosecutors ( procuradores de Justiça ) who practice before the state courts of appeals. There are also military prosecutors whose career, although linked to
4998-506: The Senior Crown prosecutor ( Procureur du Roi/Procureur des Konings in trial courts and Procureur Général/Procureur-Generaal in appellate courts) is supported by subordinate Crown prosecutors ( substituts/substituten ). They open preliminary investigations and can hold a suspect in custody for up to 48 hours. When necessary, a Crown prosecutor will request an examining judge ( juge d'instruction / onderzoeksrechter ) be appointed to lead
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#17327760481675096-479: The United States, these prosecuting barristers will work on a case-by-case basis, and so may also engage in defence work; they will not be employed solely to undertake prosecution advocacy. Crown Prosecutors are bound by a strict code of conduct, known as the Code for Crown Prosecutors , which governs how cases are charged and trials conducted. This fundamental code is supported by a range of other policies, most notably
5194-542: The actual work of the office. United States Attorneys are appointed by the President and confirmed by the United States Senate . They represent the federal government in federal court in both civil and criminal cases. Private attorneys general can bring criminal cases on behalf of private parties in some states. Prosecutors are required by state and federal laws to follow certain rules. For example,
5292-506: The authority to appoint non-lawyers to prosecute on their behalf, such as the RSPCA Inspectors. In Canada, public prosecutors in most provinces are called Crown Attorney or Crown Counsel . They are generally appointed by the provincial Attorney-General. The prosecution landscape in England and Wales is highly varied, meaning that a prosecutor can refer to a number of different individuals and roles. The primary prosecutor in
5390-464: The bar or obtained a comparable qualification where available, such as solicitor advocates in England law . They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the prosecution of government officials. Multiple offices exist in
5488-531: The case ( målsäganden ). When a case has been decided by an appellate court, the right to appeal to the Supreme Court passes from the case's prosecutor to the Prosecutor-General ( Swedish : Riksåklagaren ). Crown Prosecution Service The Crown Prosecution Service ( CPS ) is the principal public agency for conducting criminal prosecutions in England and Wales . It is headed by
5586-424: The case before a magistrate or a judge (with or without a jury ). In these instances, referring to the prosecutor would refer to the lawyer conducting the case during trial. In most serious offences, the CPS or other prosecuting authority will instruct a barrister to represent them. In the most serious cases, this may be a King's Counsel , and barristers may work in teams with a leader directing juniors. Unlike in
5684-484: The case for court hearings, disclosing material to the defence and presenting the case in court. The CPS will be represented in court from the first hearing through to conviction/sentencing and in some cases appeal. All prosecutions must be kept under continuous review and stopped if the Full Code Test (see above) is no longer satisfied or was never satisfied (i.e. the decision to charge was wrong). Mishandling of
5782-489: The case of very serious matters, the DPP will be asked by the police, during the investigation, to advise them on the sufficiency of evidence and may well be asked to prepare an application to the relevant court for search, listening device or telecommunications interception warrants. More recent constitutions, such as South Africa's , guarantee the independence and impartiality of the DPP. Prosecutors in Australia come in
5880-602: The case should be prosecuted. The Extradition Unit at CPS Headquarters deals with all cases in which the extradition of a person within England and Wales is sought by another state and all cases in which the CPS is seeking the extradition of an individual outside the European Union. The CPS Areas prepare and manage their own extradition requests under the European Arrest Warrant framework. Treasury Counsel are specialist advocates who prosecute many of
5978-467: The case to the CPS' attention and yet it is a case that merits the prosecution being conducted by a public prosecuting authority rather than by a private individual. In New Zealand, most crimes are prosecuted by a Police Prosecutor, an employee of the New Zealand Police . The most serious crimes, which are about 5% of all crimes, is outsourced to a lawyer working at private law firm known as
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#17327760481676076-481: The charge alleged. This is a different test from the one that the criminal courts themselves must apply. A court may only convict if it is sure that the defendant is guilty. It has never been the rule that a prosecution will automatically take place once the evidential stage is met. A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution which outweigh those tending in favour. In some cases
6174-468: The charge is still appropriate and that continued objection to bail is justified. The Full Code Test must be applied as soon as the anticipated further evidence or material is received and, in any event, in Crown Court cases, usually before the formal service of the prosecution case. Whether a decision to charge is taken by police or prosecutors, the CPS will conduct the case, which includes preparing
6272-538: The conditions are not met, there is no need to consider any of the other conditions, as the Threshold Test cannot be applied and the suspect cannot be charged. The five conditions that must be met before a Threshold Test can be applied are as follows: A decision to charge under the Threshold Test must be kept under review. The prosecutor should be proactive to secure from the police the identified outstanding evidence or other material in accordance with an agreed timetable. The evidence must be regularly assessed to ensure that
6370-497: The defense and the plaintiff are both represented by common lawyers, who sit (on chairs) on the courtroom floor, the prosecutor sits on a platform as the judge does, although he doesn't participate in deliberation. Judges and prosecutors are trained at the same school, and regard one other as colleagues. In Germany, the Staatsanwalt ("state attorney") is a life-tenured public official in the senior judicial service belonging to
6468-819: The defense attorney. If the Staatsanwalt is not convinced of the defendant's guilt, the state attorney is required to plead against or in favor of the defendant according to the prosecutor's own assessment. Prosecution is compulsory if the prosecutor has sufficient evidence to convict. In Italy, a Prosecutor's Office is composed of a Chief Prosecutor ( procuratore capo ) assisted by deputies ( procuratori aggiunti ) and assistants ( sostituti procuratori ). Prosecutors in Italy are judicial officers just like judges and are ceremonially referred to as Pubblico Ministero ("Public Ministry" or P.M.). Italian Prosecutors officiate as custos legis , being responsible to ensure that justice
6566-475: The defense of all evidence or information that tends to negate the guilt of the accused or mitigates the offense." Not all U.S. states adopt the model rules; however, U.S. Supreme Court cases and other appellate cases have ruled that such disclosure is required. Typical sources of ethical requirements imposed on prosecutors come from appellate court opinions, state or federal court rules, and state or federal statutes (codified laws). In most Commonwealth Nations ,
6664-457: The exception of those rare cases in which Brazilian law allows for private prosecution. In such cases, the prosecutor will officiate as custos legis , being responsible to ensure that justice is indeed carried out. Although empowered by law to do so, prosecutors conduct criminal investigations only in major cases, usually involving police or public officials' wrongdoings. Also, they are in charge of external control over police activity and requesting
6762-424: The federal prosecutors, is divided in a manner similar to state prosecutors. In Brazil, the prosecutors' main job is to promote justice, as such they have the duty of not only trying criminal cases, but, if during the trial, they become convinced of a defendant's innocence, requesting the judge to acquit him. The prosecutor's office has always the last word on whether criminal offenses will or will not be charged, with
6860-444: The government must disclose exculpatory evidence to the defense; must disclose matters affecting the credibility of prosecution witnesses, such as an agreement to dismiss the witness's own charges in exchange for their testimony; must not destroy potentially useful evidence in bad faith; and must not use false testimony to secure a conviction. Failure to follow these rules may result in a finding of prosecutorial misconduct , although
6958-516: The head of the prosecuting authority is known as the director of public prosecutions (DPP) and is appointed, not elected. A DPP may be subject to varying degrees of control by the attorney general , a formal written directive which must be published. In Australia, the Offices of the Director of Public Prosecutions institute prosecutions for indictable offences on behalf of the Crown . At least in
7056-589: The independent Crown Prosecution Service. The CPS faced embarrassment after it destroyed key emails relating to Julian Assange . Email exchanges between the CPS and the Swedish Prosecution Authority were deleted after CPS lawyer Paul Close retired from the CPS in 2014. According to The Guardian , the CPS "unaccountably advised the Swedes in 2010 or 2011 not to visit London to interview Assange. An interview at that time could have prevented
7154-495: The initiation of a police investigation. The power of individual prosecutors to hold criminal investigations was controversial and, although massively supported by judges, prosecutors and the general population, it was contested before the Supremo Tribunal Federal, but in 2015, this Court decided favorably to its power (RGE n. 593.727-MG). According to a 2012 law, the chief of police ( delegado de polícia ), as
7252-476: The investigation and arrest of the suspect, even though the suspect is taken to the police station to be charged by a custody officer. The CPS advise that another prosecuting authority should probably conduct a case if any of the following factors apply: Prosecutions under certain acts require the consent of the Attorney General or DPP before they can proceed. In practice, the following types of consent may be required: The range of offences which require consent
7350-539: The judge acquit the defendant if, during the trial, the prosecutor becomes convinced of the defendant's innocence, or agrees that there is no evidence that proves his guilt beyond any reasonable doubt. In appellate courts, the Office of the Prosecutor is called Procura Generale and the Chief Prosecutor the Procuratore Generale (PG). The Procuratore Generale presso la Corte di Cassazione is
7448-581: The judge and law enforcement forces. Like defense counsel, the chief prosecutor may petition or move for further investigation. During criminal proceedings , prosecutors are responsible for presenting the case at trial to either the bench or the jury . Prosecutors generally suggest advisory sentencing guidelines, but the sentence remains at the court's discretion to decide, to increase or reduce as it sees fit. In addition, prosecutors have several administrative duties. Prosecutors are considered magistrates under French law, as in most civil law countries. While
7546-600: The jurisdiction is the Crown Prosecution Service (CPS), which is led by the Director of Public Prosecutions (DPP). The CPS prosecutes on behalf of the Crown and also takes forward prosecutions originating from police investigations. While the DPP must be a suitably qualified lawyer under section 71 of the Courts and Legal Services Act 1990 , the DPP does not take on cases themselves and instead plays an administrative and leadership role. In this way, while
7644-421: The jurisdiction, most commonly district attorney . Other names include state's attorney , state attorney , county attorney , and commonwealth's attorney . The prosecution is the legal party responsible for presenting the case against an individual or a corporation suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are
7742-668: The long-running embassy standoff." The 2011 email advised the Swedes to interview Assange "only on his surrender to Sweden and in accordance with Swedish law". On 30 October 2020, the Crown Prosecution Service declined to prosecute Sheikh Nahyan bin Mubarak Al Nahyan , a member of the UAE royal family, who was accused by the curator of the inaugural Hay festival in Abu Dhabi , Caitlin McNamara, of sexually assaulting her during
7840-432: The magistrates' court. In order to charge, the circumstances must meet the Full Code Test. In some urgent cases, a lower Threshold Test can be applied to get a charge quickly; however, the Full Code Test must then be applied at the earliest opportunity. The Full Code Test has two stages; both parts are equal and must be met before a prosecution can be brought. The finding that there is a realistic prospect of conviction
7938-604: The material to be relied on at this stage is capable of being: The Threshold Test must be kept under proactive and continuous review, and should only be used in rare and urgent circumstances. State investigative agencies such as the Serious Fraud Office (SFO) and the Financial Conduct Authority (FCA), alongside independent prosecutors like the Service Prosecuting Authority , may all bring prosecutions themselves without using
8036-475: The most serious and complex cases in the country; they are led by a "First Senior Treasury Counsel (Criminal)" and is composed of ten senior and seven junior Treasury Counsel. Treasury Counsel (Criminal) are so-named because historically they were also instructed by the Treasury Solicitor (who in earlier times was also Director of Public Prosecutions ), although criminal prosecution is now overseen by
8134-641: The name of the Commonwealth . In California, Colorado , Illinois , Michigan, and New York, criminal prosecutions are brought in the name of the People. In the remaining states, criminal prosecutions are brought in the name of the State. Prosecutors are typically civil servants who possess a university degree in law and additional training in the administration of justice. In some countries, such as France and Italy , they are classed as judges. In Belgium,
8232-1871: The only attorneys allowed to participate in grand jury proceedings. The titles of prosecutors in state courts vary from state to state and level of government (i.e. city, county, and state) and include the terms District Attorney in New York , California , Texas , Pennsylvania , Delaware , Massachusetts , North Carolina , Georgia , Nevada , Wisconsin , Oregon , and Oklahoma ; City Attorney in California cities (typically prosecute only minor and misdemeanor offenses) Commonwealth's Attorney in Kentucky and Virginia ; County Attorney in Nebraska , Minnesota , and Arizona ; County Prosecutor in New Jersey , Ohio , and Indiana ; District Attorney General in Tennessee; Prosecuting Attorney in Arkansas , Hawaii , Idaho , Michigan , Washington , and West Virginia , as well as in Missouri where cities additionally use City Attorneys to prosecute on their behalf; State's Attorney in Connecticut, Florida, Illinois, Maryland, North Dakota, and Vermont; State Prosecutor; Attorney General in Delaware and Rhode Island; and Solicitor in South Carolina. Prosecutors are most often chosen through local elections, and typically hire other attorneys as deputies or assistants to conduct most of
8330-476: The organisation for age and sex discrimination. This was settled after the first day of the tribunal in November 2023. Lawrence then announced that she was leaving the organisation, saying this was a "natural transition point for the CPS". The CPS undertook more than 800,000 prosecutions in 2012–13, approximately 700,000 of which were in the magistrates' courts and 100,000 in the Crown Court. The conviction rate
8428-473: The peace or the sheriff would issue a presentment to a grand jury , who would either return a "true bill" resulting in an indictment, or not. If a true bill followed presentment, the individual would be tried by a petit jury by justices of the King's Bench , Common Pleas or Exchequer as they toured the circuits conducting the assizes . Individuals could be prosecuted upon indictment by prosecutors ranging from
8526-536: The police authority, is responsible for conducting the criminal investigation in Brazil by means of a police investigation ( inquérito policial ) or other procedure provided by law that has the purpose of ascertaining the circumstances, materiality, and authorship of criminal offenses. Similar provisions are found in the Code of Criminal Procedure and in article 144 of the federal constitution. Beside their criminal duties, Brazilian prosecutors are among those authorized by
8624-411: The prosecution if they see fit. The CPS have set out public guidance on when they will take over a prosecution; this indicates that the CPS should take over and continue with the prosecution if the papers clearly show all of the following: The final consideration is designed to cover the situation where, for whatever reason, the investigative authorities with which the CPS usually deals have not brought
8722-560: The prosecution to the appropriate CPS Area. The Casework Divisions deal with prosecutions requiring specialist knowledge and experience: The Attorney General oversees the work of the CPS, meeting regularly with the DPP and requesting briefings on matters of public or Parliamentary concern. The Attorney General (or their deputy, the Solicitor General ) answer for the CPS's performance and conduct in Parliament. However,
8820-505: The prosecution was initiated not by presentment to a grand jury but by direct private prosecution of an interested party. An "appeal of murder" prosecuted by the widow of a murdered man was typical of this form of prosecution. Sir John Maule was appointed to be the first Director of Public Prosecutions for England and Wales in 1880, operating under the Home Office ; his jurisdiction was only for decisions as to whether to prosecute in
8918-431: The prosecutor may be satisfied that the public interest can be properly served by offering the offender the opportunity to have the matter dealt with by an out-of-court disposal rather than bringing a prosecution. In determining whether there are reasonable grounds to suspect, prosecutors must consider all of the material or information available, whether in evidential format or otherwise. Prosecutors must be satisfied that
9016-462: The public and are the only public officers who can make such decisions. Plaintiffs also have the option of hiring their own special prosecutor ( enskilt åtal ). The exception is cases concerning crimes against the freedom of the press for which the Chancellor of Justice acts as the prosecuting attorney. In court, the prosecutor is not necessarily in an adversarial relationship to the defendant, but
9114-580: The role of Korean prosecutors is similar or identical to that of European equivalents in commanding investigations, determining indictable cases and prosecuting process. A prosecutor has the power to prohibit a defendant or an accused individual from departing the Republic of Korea via an "international hold". In Sweden, public prosecutors are lawyers who work out of the Swedish Prosecution Authority ( Swedish : Åklagarmyndigheten ) and direct police investigations of serious crimes. For all criminal cases, public prosecutors decide arrests and charges on behalf of
9212-404: The same corps as judges . The Staatsanwalt heads pre-trial criminal investigations, decides whether to press a charge or drop it, and represents the government in criminal courts. The Staatsanwalt not only has the "professional responsibility" not to withhold exculpatory information, but is also required by law to actively determine such circumstances and to make them available to the defendant or
9310-441: The suspect or the prosecutor will ask the police to carry out further inquiries to gather more evidence. When there is sufficient evidence but a prosecution is not required in the public interest, prosecutors can decide that no further action should be taken or that a caution or reprimand is a suitable alternative to prosecution. In limited circumstances, where the Full Code Test is not met, the Threshold Test may be applied to charge
9408-669: The vast majority of prosecutions under the Animal Welfare Act 2006 are prosecuted by the Royal Society for the Prevention of Cruelty to Animals (RSPCA) as private prosecutions. The Post Office also undertook a wide array of private prosecutions against post masters, leading to a subsequent scandal in which these prosecutions have widely come to be seen as a miscarriage of justice. The RSPCA have come under strong criticism for lacking sufficient independence to act as
9506-518: Was 86% in the magistrates' courts and 80% in the Crown Court. The Spending Review undertaken by HM Treasury in 2010 (and revised in 2013) has led to a budget decrease of almost 30% between 2010 and 2014, resulting in a restructure of the organisation and a large number of voluntary redundancies. The CPS has implemented measures such as the Core Quality Standards with the intention of maintaining and raising standards. As of 2023,
9604-411: Was found by the court that a prosecution is instituted by the police only when they have investigated, arrested and brought the arrested person to the custody officer. A case is not instituted by the police simply because a custody officer at a police station charges the suspect. Applying the same principle, proceedings are instituted by another prosecuting agency when they have been solely responsible for
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