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Encyclopedia > Crown Prosecution Service

Law of England and Wales

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Courts of England and Wales English law is a formal term of art that describes the law for the time being in force in England and Wales. ... Image File history File links Flag_of_England_(bordered). ... Image File history File links Flag_of_Wales_2. ... Schematic of court system for England and Wales The United Kingdom does not have a single unified judicial system—England and Wales have one system, Scotland another, and Northern Ireland a third. ...

Administration

Department for Constitutional Affairs
Lord Chancellor
Her Majesty's Courts Service

Civil courts The Department for Constitutional Affairs (DCA) is a United Kingdom government department. ... The Lord High Chancellor of Great Britain, or Lord Chancellor and prior to the Union the Chancellor of England and the Lord Chancellor of Scotland, is a senior and important functionary in the government of the United Kingdom, and its predecessor states. ... Her Majestys Courts Service is an amalgamation of the Magistrates Courts Service and the Court Service. ...

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Criminal courts The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ... The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ... Her Majestys Court of Appeal is the second most senior court in the English legal system, with only the Judicial Committee of the House of Lords above it. ... The Master of the Rolls is the third most senior judge of England, the Lord Chancellor of Great Britain traditionally being first and the Lord Chief Justice second. ... The Lords Justices of Appeal (Judges of the Court of Appeal) of England and Wales: The Rt Hon. ... Her Majestys High Court of Justice (usually known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of Judicature of England and Wales (which under the Constitutional Reform Act 2005, is to be known as the... The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. ... The President of the Queens Bench Division is the head of the Queens Bench Division of the High Court of Justice. ... Sir Mark Howard ... A judge or justice is an appointed or elected official who presides over a court. ... Crown Court and County Court in Oxford. ... There are various levels of judiciary in England and Wales — different types of courts have different styles of judges. ...

House of Lords
Lord of Appeal in Ordinary
Court of Appeal
Lord Chief Justice
Lord Justice of Appeal
High Court of Justice
President of the Queen's Bench
High Court judge
Crown Court
Circuit Judge
Recorder
Magistrates' Court
District Judge
Justice of the Peace

Criminal justice The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ... Lords of Appeal in Ordinary are Life peers entrusted since the Appellate Jurisdiction Act 1876 with carrying out the judicial functions of the House of Lords. ... Her Majestys Court of Appeal is the second most senior court in the English legal system, with only the Judicial Committee of the House of Lords above it. ... The Lord Chief Justice of England and Wales was, historically, the second-highest judge of the Courts of England and Wales, after the Lord Chancellor. ... The Lords Justices of Appeal (Judges of the Court of Appeal) of England and Wales: The Rt Hon. ... Her Majestys High Court of Justice (usually known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of Judicature of England and Wales (which under the Constitutional Reform Act 2005, is to be known as the... The President of the Queens Bench Division is the head of the Queens Bench Division of the High Court of Justice. ... A judge or justice is an appointed or elected official who presides over a court. ... Crown Court and County Court in Oxford. ... A Circuit judge is a position in British Law, in which a Judge moves to different Crown Courts within a certain area. ... A Recorder is a barrister or solicitor of 10 years standing who serves as a part-time Crown court judge. ... Bedford Magistrates Court A Magistrates Court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions. ... A federal judge is a judge appointed in accordance with Article III of the United States Constitution. ... A Justice of the Peace (JP) is a puisne judicial officer appointed by means of a commission to keep the peace. ...

Attorney General
Director of Public Prosecutions
Crown Prosecution Service

Barristers and solicitors Her Majestys Attorney General for England and Wales, usually known as the Attorney General, is the chief legal adviser of the Crown in England and Wales. ... The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world. ...

Bar Council
Barrister
Law Society of England and Wales
Solicitor
Solicitor Advocate

The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the long-established Crown Office in Scotland. The CPS is headed by the Director of Public Prosecutions (currently Sir Ken McDonald QC) who answers to the Attorney General for England and Wales (currently Lord Goldsmith). A bar council in a Commonwealth country is a professional body that regulates the profession of barristers together with the Inns of Court. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The Law Society of England and Wales is the professional association that represents the solicitors profession in England and Wales. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, but not the United States (in the United States the word has a quite different meaning—see below). ... A Solicitor Advocate is a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or Scotland. ... A non-ministerial government department is a department or ministry of a government that is not headed by a Government Minister or Government Secretary, and answers directly to a legislature. ... The agencies responsible for the government of the United Kingdom consist of a number of ministerial departments (usually headed by a Secretary of State) and non-ministerial departments headed by senior civil servants. ... Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ... for other uses please see Crime (disambiguation) A crime is an act that violates a political or moral law. ... The Crown Office and Procurator Fiscal Service provides an independent public prosecution service in Scotland. ... Scots law (or Scottish law) is the law of Scotland. ... The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world. ... ... Her Majestys Attorney General for England and Wales, usually known as the Attorney General, is the chief legal adviser of the Crown in England and Wales. ... Peter Henry Goldsmith, Baron Goldsmith, PC, QC (born 5 January 1950), is the current Attorney General of England and Wales. ...


The Crown Prosecution Service is responsible for criminal cases beyond the investigation, which is the job of the Police. This involves giving advice to the Police on charges to bring, and being responsible for authorising all but a very few simple charges (such as begging or bail offences), and preparing and presenting cases for court, both in the Magistrates' Court and, increasingly, the Crown Court. John Everett Millais The Blind Girl: vagrant musicians See also vagrancy (biology) for an alternative use of the term. ... Bedford Magistrates Court A Magistrates Court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions. ... Crown Court and County Court in Oxford. ...

Contents

History

Initially, with no Police forces and no prosecution service, the only route to prosecution was through private prosecutions brought by victims at their own expense or lawyers acting on their behalf. From 1829 onwards, as the Police forces began to form, they began to take on the burden of bringing prosecutions against suspected criminals.


In 1880, Sir John Maule was appointed to be the first Director of Public Prosecutions, operating as a part of the Home Office; the jurisdiction was only for the decision as to whether to prosecute, and just for a very small number of difficult or important cases; once prosecution had been authorised, the matter was turned over to the Treasury Solicitor. Police forces continued to be responsible for the bulk of cases, sometimes referring difficult ones to the Director. In 1884, the offices of the DPP and the Treasury Solicitor were merged, but were again separated by the Prosecution of Offences Act 1908. The modern concept of Small Office and Home Office or SoHo , or Small or Home Office deals with the category of business which can be from 1 to 10 workers. ... The Treasury Solicitors Department (TSD) is the largest in-house legal organisation of the United Kingdom Government. ... The Treasury Solicitors Department (TSD) is the largest in-house legal organisation of the United Kingdom Government. ...


In 1962, a Royal Commission recommended that Police forces set up independent prosecution departments so as to avoid having the same officers investigate and prosecute cases though, technically, the prosecuting Police officers did so as private citizens. In states that are Commonwealth Realms a Royal Commission is a major government public inquiry into an issue. ... ...


However, the Royal Commission's recommendation was not implemented by all Police forces, and so in 1978 another Royal Commission was set up, this time headed by Sir Cyril Philips. It reported in 1981, recommending that a single unified Crown Prosecution Service with responsibility for all public prosecutions in England and Wales be set up. A White Paper was released in 1983, becoming the Prosecution of Offences Act 1985, which established the CPS under the direction of the Director of Public Prosecutions, consisting of a merger of his old department with the existing police prosecution departments. It started operating in 1986. A white paper is an authoritative report. ...


In April 1999, after a review of the CPS carried out by Sir Iain Glidewell was published in June 1998, the CPS was reorganised from 14 to 42 geographical areas, following the boundaries of the Police forces (except in London, where the area covers the boundaries of both the Metropolitan Police and the City of London Police). Sir Iain Glidewell is a fomer Lord Justice of Appeal and Judge of Appeal of the High Court of the Isle of Man. ... Metropolitan Police redirects here. ... City Police Mounted Section officer The City of London Police is the Home Office police force responsible for the City of London, including the Middle and Inner Temple. ...


The power of the police to charge for all but the most minor offences was transferred to the CPS following the Criminal Justice Act 2003. The Criminal Justice Act 2003 (2003, c. ...


It was suggested in late 2004 that the name of the department could be changed to the Public Prosecution Service in order to affirm its role to citizens as a public service, but some suggest that such a change would undermine the constitutional role of the department, nominally at least. It is unclear whether a name change is imminent, or is still being discussed at all. This proposed change was very unpopular within the Service as being pointless and otiose, as well as somehow insulting. The word citizen may refer to: A person with a citizenship Citizen Watch Co. ...


In November 2005, the Director of Public Prosecutions reported that a pilot scheme was being introduced where the CPS would be allowed to interview witnesses before taking a case to trial [1]. A similar practice is already carried out in Scotland (where it is called precognition), Canada, and the United States. Motto (Latin) No one provokes me with impunity Cha togar mfhearg gun dioladh (Scottish Gaelic)1 Wha daur meddle wi me?(Scots)1 Anthem (Multiple unofficial anthems) Scotlands location in Europe Capital Edinburgh Largest city Glasgow Official languages English, Gaelic, Scots Government Constitutional monarchy  -  Queen Queen Elizabeth II... Precognition in Scots law is the practice of procurators fiscal and the Lord Advocate taking written statements from witnesses when investigating and prosecuting a crime or offence. ...


The Role of the CPS

The Crown prosecution service must first decide, after evidence is gathered by the police, whether the case should be pursued further. If it is not pursued it is dropped. Their main function is to prosecute on behalf of the state, however they will only prosecute a case if there is enough evidence and the case is in the public interest. Primarily they review the evidence, give guidance on the police evidence, they prosecute in the magistrates court if there is enough evidence and, if the case needs to go to crown court, they hire qualified advocates to prosecute for them (this is also known as instructing).


List of Heads of the CPS

Major Sir Thomas Chalmers Hetherington, KCB, CBE, QC (b. ... Sir Allan Green KCB QC is a barrister in England and Wales. ... Dame Barbara Mills DBE QC is the Adjudicator for HM Revenue and Customs. ... Sir David Calvert-Smith QC (born April 1945) was Director of Public Prosecutions of England and Wales from 1998 to 2003 and is now a High Court judge. ... ...

References

  1. ^ Dyer, Clare "Criminal justice revolution to secure more convictions", The Guardian, London, 11 November 2005: 1-2

The Guardian is a British newspaper owned by the Guardian Media Group. ... November 11 is the 315th day of the year (316th in leap years) in the Gregorian calendar, with 50 days remaining. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ...

External link

  • official site

  Results from FactBites:
 
The Crown - Wikipedia, the free encyclopedia (971 words)
The Crown is also the source of all justice in the UK (which is why there is the Crown Prosecution Service in the criminal courts whose lawyers are called Crown Prosecutors), which also meant that it was immune from prosecution.
Crown servants may not sit as Members of Parliament and this is used as a way of allowing MPs to retire before their time—they are awarded a sinecure job which is that of a Crown Servant and thus disbarred as an MP (see resignation from the British House of Commons).
In practice, in the vast majority of cases, the powers of the Crown outside the United Kingdom are not exercised by the Monarch personally, but rather by a Governor-General, Governor, or Lieutenant Governor (as the case may be), on the advice of the ministers of the local federal/national, state or provincial government.
Crown Prosecution Service - Wikipedia, the free encyclopedia (661 words)
The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales.
The Crown Prosecution Service is responsible for criminal cases beyond the investigation, which is the job of the Police.
A White Paper was released in 1983, becoming the Prosecution of Offences Act 1985, which established the CPS under the direction of the Director of Public Prosecutions, consisting of a merger of his old department with the existing police prosecution departments.
  More results at FactBites »

 
 

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