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(p. 132) 8. The Decision to Prosecute and the Prosecution’s Duties of Disclosure of Evidence 

(p. 132) 8. The Decision to Prosecute and the Prosecution’s Duties of Disclosure of Evidence
Chapter:
(p. 132) 8. The Decision to Prosecute and the Prosecution’s Duties of Disclosure of Evidence
Author(s):

Martin Hannibal

and Lisa Mountford

DOI:
10.1093/he/9780198858423.003.0008
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date: 04 December 2020

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.

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