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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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Who is a prosecutor & what do they do?
Who is responsible for prosecuting a case in court?
How does a Prosecutor decide a case?
What does a prosecutor look at in a criminal case?
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...
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.
- Step 1: The Police Investigation
- Step 2: Will The Case Be Prosecuted?
- Step 3: Prosecution in The Magistrates’ Court
- Prosecution in The Youth Court
- Prosecution in The Crown Court
- Step 4: Trial and Outcome
- Step 5: Appeal
The police are responsible for investigating crime. They will take statements and gather evidence about any possible offences. If they have evidence in relation to an identified suspect they will send a file to the Public Prosecution Service. At this point the PPS, through our Victim and Witness Care Unit (VWCU), will contact victims to keep them i...
A prosecutor will look at all the evidence and information contained within the file submitted by police. They will decide whether that evidence is sufficient to provide a reasonable prospect of conviction and, if it is, whether prosecution is in the public interest. This is known as the Test for Prosecution and you can read more about how prosecut...
If the decision is to prosecute an adult defendant in the Magistrates’ Court the case will be heard by a District Judge who will decide a defendant’s innocence or guilt. If the defendant pleads guilty he or she will then be sentenced. In some cases that will take place on the day of the guilty plea. In other cases, usually where the court requires ...
A Youth Court case will be heard by a District Judge who acts as a chairperson sitting as a panel with two lay magistrates. The process is the same as for adults who are prosecuted in the Magisrates' Court however special arrangements apply to ensure that the 'best interests' of the child or young defendant are a primary consideration throughout th...
Certain more serious offences can only be prosecuted in the Crown Court. There are also other offences where the prosecutor can decide to bring the proceedings in the Crown Court, where greater sentencing powers are available. In a small number of Crown Court cases, usually those involving terrorist offences, the case will be heard by a Judge sitti...
In a criminal trial the onus is on the prosecution to prove its case beyond a reasonable doubt. During the trial, the prosecution will call witnesses and present evidence to support its case against the defendant. The defendant can decide whether to give evidence before the court or put other evidence forward to support their innocence. If someone ...
A defendant may appeal against conviction and/ or sentence. If the trial has been heard in the Magistrates’ Court an appeal against conviction will involve a re-hearing of the case in the County Court. This usually requires the witnesses to attend and give evidence again. If the trial was heard in the Crown Court, any appeal can be brought only on ...
Dec 19, 2019 · Prosecutors are ‘the criminal justice system’s real lawmakers’ and ‘the gatekeepers to the justice system’ system’, insofar as they make the crucial decisions about which individuals enter the criminal justice system and under what conditions they move through it.
- Alexander Heinze, Shannon Fyfe
- 2020
Jun 14, 2023 · The Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise (see earlier) require that when the defendant indicates an acceptable...
Sep 18, 2019 · The CPS seeks positively to uphold and protect the human rights of victims, witnesses and defendants in the criminal prosecution process. Prosecutors and those who support them in the...
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).
