Prosecuting

Question 1

• You think it should have been a lesser charge

Answer 1

Phone CPS reviewing lawyer and tell them the count should be amended.

Question 2

• You don’t think there is enough evidence on one of the elements

Answer 2

Talk to reviewing lawyer and agree to offer no evidence (no realistic prospect of conviction).

Question 3

• Plea deal offered

Answer 3

Phone reviewing lawyer and tell them about the plea deal.

Question 4

• Who has the ultimate decision about accepting pleas

Answer 4

– If you and reviewing lawyer disagree, need to consult senior crown prosecutor. Should also consult victim. The judge decides in the end.

Question 5

• Your role in sentencing hearing –

Answer 5

Open facts if judge asks to be reminded, draw attention to guidelines and aggravating and mitigating factors.