PROSECUTION AND PLEA BARGAINING Flashcards
1
Q
black laws dictionary
A
- law applies equally to everyone
- the law is not secret or arbitrary
- the justice system is fair
2
Q
7 types of prosecution
A
- the crown prosecution service
- Her Majestys Revenue and Customs
- customs and exercise
- department for work and pensions
- serious fraud office
- health and safety executive
- private prosecution
3
Q
5 functions
A
- decide which cases should be prosecuted
- determines the appropriate charges in more serious cases
- provides information to victims and prosecution witness
- prepare cases and present them at court
- decide whether to oppose appeals
4
Q
4 values
A
- independence and fairness
- honesty and openness
- respectfulness
- professionalism and excellence
5
Q
the ‘full code’ test
A
- is there enough evidence against the accused (evidential stage)
- is it in the public interest to prosecute (public prosecution)
- standard = realistic prospect of conviction
6
Q
definition of plea bargaining
A
defendant enters guilty plea for which offered consideration that results in a sentence concession
7
Q
4 types of plea bargaining
A
- between judge and accused
- between prosecutor and accused
- agreement by the prosecutor to accept guilty plea at a lesser charge
- agreement with the prosecutor not to proceed on one or more accounts