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Chapter

This chapter examines whether the combination of laws, policies, and procedures of different prosecuting and enforcement agencies is fair, effective, and freedom-enhancing. It discusses the respective roles of the police and Crown Prosecution Service in prosecution decision-making; how cases are constructed for prosecution; the criteria for prosecution decision-making; diversion from prosecution; review of prosecution decisions and accountability; and different treatment of ‘regulatory’ offences and ‘real’ crime.

Chapter

This chapter focuses on the decisions taken by the gatekeepers of the criminal process. It first outlines the role of the police, followed by a comparison with the approach of regulatory bodies as agencies that select for official action certain types of person or situation—a selection that may lead either to prosecution and trial or to a form of diversion. The chapter then considers the range of formal responses to those who are believed to be offenders, including police cautions and other out-of-court disposals. It examines the problematic dimensions of diversion, before examining accountability and the values behind some of the differing policies.

Chapter

This chapter outlines the origins and functions of the Crown Prosecution Service (CPS), before moving on to discuss several aspects of the prosecutorial function in the criminal process, in the belief that the decision to prosecute someone in itself is a form of imposition by the state that requires justification. The principle of equality of treatment is discussed throughout the chapter, not least in relation to the differences of approach taken by different prosecuting agencies. The chapter evaluates some of the practices of the CPS and examines empirical evidence of its performance of various tasks. It notes that, as with other large organizations, formulating principles and guidance satisfactorily is not sufficient to ensure that implementation in practice. The role of the CPS in refining and defining the criminal law is examined as well as the role of the victim, review and oversight of prosecution decisions and policies and prosecutorial ethics.

Chapter

This chapter first explains the role of the Crown Prosecution Service (CPS) and the factors that are taken into account when deciding to charge a suspect or to divert him from prosecution. It then examines the important obligations which are placed upon the CPS both at common law and under statute to serve pre-trial disclosure of evidence upon the defendant and their importance to the right to a fair trial. Defence disclosure obligations are also considered.

Chapter

This chapter first explains the role of the Crown Prosecution Service (CPS) and the factors that are taken into account when deciding to charge a suspect or to divert him from prosecution. It then examines the important obligations which are placed upon the CPS both at common law and under statute to serve pre-trial disclosure of evidence upon the defendant and their importance to the right to a fair trial. Defence disclosure obligations are also considered.

Chapter

This chapter considers the procedural and practical steps at a trial on indictment. It examines the rules dealing with the indictment; supporting counsel at trial; empanelling the jury; the presentation of the prosecution and defence cases; the judge’s summing-up; and the jury’s verdict.

Chapter

Martin Hannibal and Lisa Mountford

This chapter considers the procedural and practical steps at a trial on indictment. It examines the rules dealing with the indictment; supporting counsel at trial; empanelling the jury; the presentation of the prosecution and defence cases; the judge’s summing-up; and the jury’s verdict.

Chapter

This chapter considers the ingredients of successful action for malicious prosecution. The claimant must show: that the defendant prosecuted him; that the prosecution ended in the defendant’s favour; that there was no reasonable and probable cause for the prosecution; and that the defendant was actuated by ‘malice’. It covers not merely criminal prosecutions but certain forms of abuse of civil process, for example tort claims alleging deceit or malice. Damage also in all cases is a necessary ingredient. The tort, while ancient, is still being actively litigated, and the chapter analyses a number of recent cases in the higher appellate courts.

Chapter

This chapter discusses the following issues: the terminology of youth justice; the youth justice organisations; the meaning of parental responsibility; the principal aims of the youth justice system; the early diversion procedures to prevent further offending; the juvenile at the police station; the alternatives to prosecution; and the decision to charge.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter on the criminal justice system focuses on preliminary issues, ie some of the issues that take place before trial begins. A prosecution begins at the earliest stage through a defendant being charged by the police but under the authority of the Crown Prosecution Service (CPS). The CPS must then review the decision to prosecute, which requires the CPS to have reference to two prosecution tests (evidential and public interest tests). The CPS has the ability to issue out of court disposals in appropriate cases as alternatives to prosecution. If a prosecution does take place it is necessary to identify in which court the proceedings will be heard. Crimes are divided into three categories: summary, indictable-only, and either-way. Criminal matters are heard in the magistrates’ court and the Crown Court and the categorization of offences has an impact on where the matter should be heard.

Chapter

Martin Hannibal and Lisa Mountford

This chapter discusses the following issues: the terminology of youth justice; the youth justice organisations; the meaning of parental responsibility; the principal aims of the youth justice system; the early diversion procedures to prevent further offending; the juvenile at the police station; the alternatives to prosecution; and the decision to charge.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter on the criminal justice system focuses on preliminary issues, i.e. some of the issues that take place before trial begins. A prosecution begins at the earliest stage through a defendant being charged by the police but under the authority of the Crown Prosecution Service (CPS). The CPS must then review the decision to prosecute, which requires the CPS to have reference to two prosecution tests (evidential and public interest tests). The CPS has the ability to issue out of court disposals in appropriate cases as alternatives to prosecution. If a prosecution does take place it is necessary to identify in which court the proceedings will be heard. Crimes are divided into three categories: summary, indictable-only, and either-way. Criminal matters are heard in the magistrates’ court and the Crown Court and the categorization of offences has an impact on where the matter should be heard.

Chapter

This chapter examines whether the combination of laws, policies, and procedures of different prosecuting and enforcement agencies is fair and effective, and why an overwhelming proportion of defendants plead guilty. It discusses the respective roles of the police and Crown Prosecution Service in prosecution decision-making; how cases are constructed for prosecution; the criteria for prosecution decision-making; diversion from prosecution; review of prosecution decisions; the different treatment of ‘regulatory’ offences and ‘real’ crime; the roles of police, prosecutors, judges and defence lawyers in persuading defendants to plead guilty; the incentives, even for the innocent, to plead guilty; whether plea bargaining should be abolished.

Chapter

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter explains the definition of crime and how it is differently interpreted. The discussions cover the judicial process; formal sources of criminal law; enforcement of criminal laws; the criminal; terminology and classification (felonies and misdemeanours, arrestable and non-arrestable offences, and indictable and summary offences); appeals; limits of prosecution; evidence; and punishment.

Chapter

3. The prosecution of international crimes:  

The role of international and national courts and tribunals

This chapter offers a brief historical introduction to the rise of individual accountability for international crimes. It first outlines the history of war crimes prosecutions prior to the Nuremberg Trials. It then introduces the origins of the Nuremberg International Military Tribunal (IMT), the conduct of the trial of the major war criminals, the legal controversies involved, and other post World War II proceedings. The remainder of the chapter provides an overview of national prosecutions after 1945 and the complexities involved in drafting national legislation allowing such prosecutions; examines the ‘rebirth’ of international criminal tribunals in the 1990s and early 2000s; and steps back to briefly survey the question of what international criminal law is for or what goals it is intended to serve.

Chapter

This chapter discusses the basic principles of national jurisdiction to prosecute crimes. Despite the growth of international courts and tribunals, no international criminal court has jurisdiction over all international crimes wherever committed. Thus, in practice, international criminal law will largely rely on prosecutions conducted before national courts, making the extent of national criminal jurisdiction a topic of vital importance. The chapter begins by introducing the different forms of jurisdiction and some basic distinctions. It then provides an overview of the theory of national prescriptive jurisdiction based on ‘links’ or ‘nexus’ between the crime and the prescribing State; outlines the principle of ‘universal jurisdiction to prescribe’ and its controversies; and looks to treaty-based systems of ‘quasi-universal’ jurisdiction over international crimes.

Chapter

This chapter addresses the prosecution of crimes in international criminal courts according to international—not national—criminal law. International law has long recognised that certain conduct, for example piracy and slavery, are crimes against international law which may be tried by international bodies or by any State. This principle has been expanded to cover more substantive crimes. International mechanisms for criminal accountability may be established where national courts have failed or are unable to try offenders due to a lack of political will, insufficient resources, deficiencies in national law, and/or ongoing conflict. The establishment and jurisdiction of the existing international criminal tribunals, including the International Criminal Court, are considered.

Chapter

This chapter explains the practice and procedure involved in appealing against a decision of the magistrates’ court or the Crown Court. The discussions include the reopening of a case; appeal to the Crown Court; appeal by way of case stated; judicial review; appeal against sentence from the Crown Court; appeal to the Supreme Court; the Criminal Cases Review Commission; and whether the prosecution enjoys a right to appeal.

Chapter

This chapter explains the rules governing the legal and evidential burdens of proof that decide which party has the responsibility of proving a fact in issue to the court. It then discusses the degree of persuasiveness the evidence must attain to satisfy the appropriate standard of proof including the test for a successful submission of no case to answer and considers the human rights issues in those exceptional situations where the accused has the legal burden of proof. For both the prosecution and the defence, the rules that allocate the burden of proof and the degree of proof are fundamental to the outcome of a case at trial.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter examines the trial process and identifies the differences between summary trials and trials on indictment. It details who is in court, what their role should be, and how they reach their various decisions. The discussions cover the prosecution case, the defence case, closing speeches, judicial summing up, reaching the verdict, and youth trials.