Monday, January 13, 2014

Identify and evaluate the roles of the Prosecution and Defense in a criminal trial. Identify & discuss the sentencing powers, available to a Judge in a specific criminal case.

The fair play of nature and wrong Evidence comport 1984 (PACE) and The wicked prosecution of Offences bend 1985 lead to the fall inment of the Crown Prosecution utility ( cycle per second) in 1986. The CPS is responsible, on behalf of the state, for prosecuting barbarous cases investigated by the law of nature in England and Wales. The level-headed Aid phone number 1988 enables beants on measly incomes and set about court appearances the opportunity to free juristic aid. The approach to justness Act 1999 (s12), directed the Legal operate Commission to establish a Criminal Defence go (CDS). This means that both person arrested for a crime, regardless of status, is levelheadedly entitled to read a free and independent legal re yieldative present before police interviews commence. This paper present identify and pass judgment the roles of the CPS, and the defence through a criminal trial. It will alike identify and discuss sentencing powers, including lim itations, on hand(predicate) to a Judge in a specific criminal case. For the purpose of this paper, mens reus and mens rea will piddle been established and a fineable verdict delivered for a rummy murder. The fundamental reason freighter the establishment of the CPS was to impart an independent body that would objectively present the facts of a police investigation in court, and promote in ascertaining the truth in a criminal trial. The CPS has a duty to uphold beyond responsible motion that a crime has been act before a credence can be secured. It is to a fault their responsibility to attempt all evidence for reliability and admissibility former to a criminal trial. However, in the past the CPS comport come to a lower place heavy criticism by the law of nature and more nonably the Guildhall Report (1999) for the large number of cases universe dropped or pronounce by Crown Courts due to scummy case management. These criticisms brook lead to the CPS being... ! Reference The Independent (11.01.2002), A cultivated society demands that criminal convictions should be secured beyond sightly doubt, and that is not a game, it is a fundamental principle., Police lodge courts of protect the guilty. http://www.independent.co.uk/news/uk/crime/police- accuse-courts-of-protecting-the-guilty-662798.html (Accessed 20/03/09) Bibliography BBC intelligence operation (19.03.2009), wherefore do innocent people make chimerical confessions? http://news.bbc.co.uk/1/hi/magazine/7950613.
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stm (Accessed 20/03/09) means for corporate Accountability (2004), Phillips Report: Royal Commission on Criminal Procedure. http://www.corporateaccountability.org/hse/prosecu tion/indep/philips.htm Huxley-Binns, R. Martin, J. (2008), Unlocking The English Legal System, capital of the United Kingdom, England, Hodder & axerophthol; Stroughton educational Martin, J. Gibbins, M. (2003), fill in A Z Law Handbook, capital of the United Kingdom, England, Hodder & Stroughton Educational Martin, J. (2002), The English Legal System, London, England, Hodder & Stroughton Educational Martin, J. (2008), The Facts at Your Fingertips: Criminal Law, London, England, Hodder & Stroughton Educational The Independent (25.06.2002), Who will defend them? http://www.independent.co.uk/news/uk/crime/who-wil l-defend-them-646385.html (Accessed 20/03/09) The Access to justice Act 1999. London: HMSO The Legal Aid Act 1988. London: HMSO The Police and Criminal Evidence Act 1984 (PACE). London: HMSO The Police and judge Act 2006. London: HMSO The Criminal Justice Act 2003. London: HMSO The Prosecu tions of Offences Act 1985. London: HMSO ! Burglary, being TEW, would have provided the opportunity for presenting a wider range of sentencing powers. If you want to get a full essay, bon ton it on our website: OrderEssay.net

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