Prosecution Flashcards
What are the 2 tests for prosecution.
The evidential test- Admissible evidence shows that it is without reasonable doubt that the person is guilty.
The public interest test- Is it worth taking it to court? Would the public want their tax money spent on it?
Factors to consider when looking at public interest
What did the suspect do?
What was the suspects intent?
What was the result of the offenders actions?
What are the options when dealing with a suspect who has committed an offence?
Formal warning
Report the matter
Arrest the suspect
Prosecution
3 ways to initiate a prosecution
-Arrest, file the charge and direct to court: must be sent to court at soonest possible time.
-Arrest bail and file the charge: when you’re confident they can be bailed without causing further harm.
-Summons and file the charge to appear in court: When you think that the person will show up to court and doesn’t need to come to station and to be processed.
What are the 4 different courts?
-District court: category 1-2
-High court: category 4
-Court of appeal:
-Supreme Court: Creates case law that every other judge must follow.
What is hearsay evidence?
- The oral or written statement of a person who is not produced as a witness in court and
-The statement is given to to the court by another person, or in a document and
-The purpose of the evidence is to prove the truth of what has been stated.
What is opinion evidence?
Opinion evidence is speculation from observed facts, is generally inadmissible.
What is propensity evidence?
Evidence that shows a persons tendency to act in a particular way. (Having a specific MO) is generally inadmissible.
What are the divisions of evidence?
Direct evidence- the testimony of a witness to a given fact.
Documentary evidence- documents produced for the court or judge to inspect.
Real evidence- material objects for the court or judge to inspect.
Circumstantial evidence- something that infers a fact in issue. (Fingerprints)
Explain the doctrine of precedent
Lower courts are bound by decisions made by higher courts
What is a “compellable” witness?
-Any person is eligible to give evidence, and
-a person who is eligible to give evidence must give that evidence.
Sometimes people may be competent but not compellable.
What is the difference between police bail with and without conditions
Can bail for 14 days with no conditions.
Can bail with conditions for 7 days.
