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- 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.
- The defendant. The defendant is the person who has been accused of the offence. The defendant sits in the dock and sometimes a uniformed officer sits next to them.
- The defence lawyer. The defence lawyer will speak on behalf of the defendant and present the case to say why they’re not guilty of the offence. They’ll ask the witnesses and the defendant questions about the accusations.
- The prosecutor. The prosecutor is a lawyer who presents the case independently on behalf of the Crown Prosecution Service. They present evidence to show how the offence happened and challenge the defendant’s evidence if it is given.
- The witness. The witness gives evidence and answers questions from the witness box. Young or vulnerable witnesses can give evidence by video link from somewhere else or from behind a screen.
A person accused of a crime is called a ‘defendant’. The authority responsible for prosecuting the case in court is called the ‘prosecutor’. In most cases that will be the Crown Prosecution Service (CPS).
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.
Dec 19, 2018 · A prosecutor and a defense attorney typically form the foundation of most criminal cases- local, state-wide or national. A prosecutor acts on behalf of the people of their jurisdiction. Their goal is to get a conviction. A defense attorney’s goal, to ensure their client is found not-guilty.
Defendant If you have been charged with a crime and told to go to court you will be called a defendant. District Judge District Judges hear cases in the magistrates’ court. They have been...
