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Prosecutors are independent from persons or agencies that are not part of the prosecution decision-making process. “Victim” is used to describe a person against whom an offence has been committed, or the complainant in a case being considered or prosecuted by the CPS.Ģ.1 The independence of the prosecutor is central to the criminal justice system of a democratic society.
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“Offender” is used to describe a person who has admitted guilt as to the commission of an offence, or who has been found guilty in a court of law.“Defendant” is used to describe a person who has been charged or summonsed.“Suspect” is used to describe a person who is under consideration as the subject of formal criminal proceedings.
#This is the police 2 codes code
The Code is issued primarily for prosecutors in the CPS but other prosecutors follow the Code, either through convention or because they are required to do so by law. The DPP operates independently, under the superintendence of the Attorney General who is accountable to Parliament for the work of the CPS.ġ.3 The Code gives guidance to prosecutors on the general principles to be applied when making decisions about prosecutions.
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This is the eighth edition of the Code and replaces all earlier versions.ġ.2 The DPP is the head of the Crown Prosecution Service (CPS), which is the principal public prosecution service for England and Wales. Is it in the public interest for the CPS to bring the case to court?Ī prosecution will usually take place unless the prosecutor is sure that the public interest factors tending against prosecution outweigh those tending in favour.ġ.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. Crown Prosecutors must be satisfied there is enough evidence to provide a "realistic prospect of conviction" against each defendant. When deciding whether there is enough evidence to charge, Crown Prosecutors must consider whether evidence can be used in court and is reliable and credible, and there is no other material that might affect the sufficiency of evidence. Is there enough evidence against the defendant? The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions, that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.