prosecution Flashcards

1
Q

who prosecutes

A

the crown prosecution services

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2
Q

options for prosecution

A

NFA
caution/diversion responses
charge
custody pending further decisions
out of court disposal

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3
Q

when to prosecute

A

code for crown prosecutors:
CPS must make decision to prosecute not on guilt but on whether appropriate

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4
Q

how the CPS decides who to charge

A

full code test- enough evidence to proceed
2 part test
1. evidential stage
2. public interest stage
if conditions not met check threshold test

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5
Q

the threshold test

A

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

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6
Q

bail

A

bail guaranteed unless exceptions

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7
Q

excpetions to bail

A

schedule 1 of bail act
grounds to belive:
fail to surrender to custody
commit offence
interfere with witnesses
injure self

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8
Q

more exceptions to bail

A

indictable/ triable either way offence
d was on bail on date of offence

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9
Q

remand

A

inprisoned until date of trial
time in remand taken off sentence if guitlty

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