prosecution Flashcards
who prosecutes
the crown prosecution services
options for prosecution
NFA
caution/diversion responses
charge
custody pending further decisions
out of court disposal
when to prosecute
code for crown prosecutors:
CPS must make decision to prosecute not on guilt but on whether appropriate
how the CPS decides who to charge
full code test- enough evidence to proceed
2 part test
1. evidential stage
2. public interest stage
if conditions not met check threshold test
the threshold test
5 conditions must be met
1. reasonable grounds committed offence
2. obtain further evidence?
3.seriousness
4. grounds to object to bail
5. public interest
bail
bail guaranteed unless exceptions
excpetions to bail
schedule 1 of bail act
grounds to belive:
fail to surrender to custody
commit offence
interfere with witnesses
injure self
more exceptions to bail
indictable/ triable either way offence
d was on bail on date of offence
remand
inprisoned until date of trial
time in remand taken off sentence if guitlty