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- Key Differences A prosecutor is a legal representative tasked with presenting the case against an individual or entity accused of a crime, aiming to prove their guilt beyond a reasonable doubt. On the other hand, the defendant is the person or entity accused of committing the crime, responsible for defending against the charges.
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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...
- Magistrates' Courts
- Crown Court
- Youth Court
- Sentencing
All criminal cases start in a magistrates’ court. Cases are heard by either: 1. two or three magistrates 2. a district judge There's no jury in a magistrates’ court. The district judge decides if the defendant is guilty or not and what sentence to give. A magistrates’ court normally handles cases known as ‘summary offences’, for example: 1. most mo...
Magistrates’ courts always pass the most serious crimes to the Crown Court, for example: 1. murder 2. rape 3. robbery These are known as ‘indictable offences’. A Crown Court normally has a jury which decides if the defendant is guilty or not, and a judge who decides on the sentence.
A youth court is a special type of magistrates’ court for people aged between 10 and 17. A youth court has either: 1. three magistrates 2. a district judge There is no jury in a youth court. If the defendant is found guilty then the judge, or magistrate, will decide the sentence.
A sentence can be an order to spend time in prison, to pay a fine, or to carry out unpaid work, or to do, or not do, other things. Find out more about How sentences are worked outExternal Link.
Dec 19, 2018 · The prosecutor has only one shot at a conviction, while the defense conceivably has more than one shot at a verdict of not guilty. If the defense gets an acquittal in a criminal case, the prosecutor cannot seek another criminal trial due to the laws prohibiting double jeopardy.
Protecting and Understanding. advancing the principles of justice. the Legal Terms used in Court. Going to Court as a Defendant: Understanding the Legal Terms Used in Court. u might hear in a...
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2.1 The independence of the prosecutor is central to the criminal justice system of a democratic society. Prosecutors are independent from persons or agencies that are not part of the...
Nov 11, 2019 · Since a person’s freedom is on the line, the prosecutor can’t just prove that the defendant is guilty. They must prove every aspect of their criminal charge so that there is no possible conclusion other than that the defendant committed the crime.
The prosecutor’s role is not merely to accept the evidence at face value but to critically assess its reliability, relevance, and potential impact on the case. This discernment is crucial for making informed charging decisions and contributes to the overall integrity of the criminal justice process.
