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The magistrates, District Judge or jury will then ‘retire’ to consider their verdict. The CPS prosecutor opens the trial – setting out the charges and the facts in the case. Our role is to prove, based on the evidence, that the defendant is guilty. The defence doesn’t need to prove that the defendant is innocent.
How we make our decisions. When a crime is reported, the police (or another investigative body) will investigate the crime. Once they've completed their investigation and are ready to refer...
The kind of evidence that the police will look for will depend on the circumstances of your case. It’s their job to look for anything that supports what you’ve told them but also anything...
In a criminal case, if there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge, a decision to charge is made. Depending on the type and seriousness of the offence committed, this decision is made by the police service or the Crown Prosecution Service (CPS).
- When you report the crime
- During the police investigation
The police must give you:
•written confirmation of the crime you’ve reported
•a crime reference number
•contact details for the police officer dealing with your case
They must also:
•tell you clearly what will happen next
The police must give you updates on their investigation, and tell you within 5 days when a suspect is:
•arrested or charged
•set free or released on bail
•given a caution, reprimand, final warning, or penalty notice
When the police have finished their investigation, they can pass the information to the Crown Prosecution Service (CPS) who then decide if there’s enough evidence to take the case to court.
If the police or the CPS decide to drop the charge, they must tell you within 5 days. You can ask for a review if you disagree with their decision.
The criminal law sets out the definitions of criminal offences and the rules and procedures that apply when: the police investigate an offence they allege you have committed. the prosecuting authorities charge you, and. you must appear in a criminal court. If you admit the offence or are found guilty, the court will impose a punishment on you ...
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Jan 11, 2022 · Police powers to conduct investigations and apprehend suspects; Police and prosecution agency charging decisions; Private prosecutions; Out of court disposals; The anti-social behaviour ‘community trigger’. The second half outlines how criminal courts operate in England and Wales, including: The court system; Finding legal representation;