What must not influence a decision to prosecute?
The decision to prosecute must be made impartially and must not be influenced by any inappropriate reference to race, religion, sex, national origin or political association. The decision to prosecute must not be influenced by any political advantage or disadvantage to the Government.
What is the prosecution procedure?
The Prosecution must prove its case to the criminal standard of beyond reasonable doubt. The Magistrate hears all the evidence and decides the verdict. If it is a guilty verdict, the Magistrate will either impose a sentence, or set a later date for when a sentence will be imposed.
What are the powers of the prosecution?
Prosecutors shall perform an active role in criminal proceedings, including institution of prosecution and, where authorized by law or consistent with local practice, in the investigation of crime, supervision over the legality of these investigations, supervision of the execution of court decisions and the exercise of …
What is an evidential test?
The evidential stage requires a prosecutor (or custody officer) to satisfy themselves that there is sufficient evidence to provide a ‘realistic prospect of conviction’ in respect of each charge. They must consider what the defence case might be and how it is likely to affect the prospects of conviction.
What is evidence before charge?
It simply indicates available material on which the public prosecutor wants to rely to establish the guilt of the accused. This provision cannot be used to support a proposition that before committing a complaint case to the court of session, the Magistrate has to record pre-charge evidence.
What is the most important factor a prosecutor considered when deciding on criminal prosecution?
3Of the many duties and responsibilities of the prosecutor, the charging power is the most important and is the essence of her control over the entire system. Prosecutors decide whether to charge an individual with a criminal offense, and what the charge should be.
What other kinds of proof are typically required for a conviction?
Standards
- beyond a reasonable doubt.
- clear and convincing evidence.
- preponderance of the evidence.
- probable cause.
- reasonable belief.
- reasonable indications.
- reasonable suspicion.
- some credible evidence.
What contains accusations against the offender?
Answer: The chargesheet contain accusations against the offender.
How is a charge framed?
STAGES OF FRAMING OF CHARGE IN CRPC: Framing of charge in CRPC is at the stage when the police has completed its investigation and submitted the charge sheet alleging the offense against the accused person. The court thereafter scrutinizes the charge sheet and proposes to frame charge against the accused person.
What is the role of the South Australia criminal prosecution service?
We provide the people of South Australia with an independent and effective criminal prosecution service which is timely, efficient and just. We are responsible for prosecuting people who have been charged under South Australian laws with serious criminal offences.
What does the Office of the director of Public Prosecutions do?
Welcome to the Office of the Director of Public Prosecutions (ODPP). We provide the people of South Australia with an independent and effective criminal prosecution service which is timely, efficient and just.
What are the guidelines for the initiation of criminal prosecution?
The Prosecution Guidelines, issued under s13 (1) of the Director of Public Prosecutions Act 1986, set out the general principles for the initiation and conduct of criminal prosecutions. Chapter 1. The decision to prosecute Chapter 2. The role of the prosecutor Chapter 3. Selecting charges Chapter 4. Charge resolution Chapter 5.
What does the Legal Services Commission of South Australia do?
This factsheet outlines the services provided by the Legal Services Commission of South Australia. This booklet is a guide for recovering a debt under $12,000. It includes useful information about what steps to take to communicate with the debtor, what must be done before applying to court, and information about court rules and forms.