Step 1: The police investigation
The police are chargeable for investigating crime. They will take statements and accumulate proof approximately any viable offences. If they`ve proof with regards to an diagnosed suspect they may ship a record to the Public Prosecution Service. At this factor the PPS, via our Victim and Witness Care Unit (VWCU), will touch sufferers to hold them knowledgeable approximately how the case is progressing. You can examine extra approximately the VWCU through clicking the link.
Step 2: Will the case be prosecuted?
A prosecutor will examine all of the proof and records contained within the record submitted through police. They will determine whether or not that proof is enough to offer an affordable prospect of conviction and, if it is, whether or not prosecution is within the public interest. This is called the Test for Prosecution and you could examine extra approximately how prosecutors attain selections in our Prosecution Guidance section. In much less severe instances, a prosecutor can also additionally determine that a case may be treated through an opportunity to prosecution. You also can examine extra approximately options to prosecution through clicking the link.
If the choice is to prosecute the prosecutor may even determine the ideal prices to be added in opposition to the defendant. If the defendant is an person, a prosecutor may even determine whether or not a case need to be prosecuted within the Magistrates` Court or the Crown Court.
If the defendant is beneath 18 the case may be heard within the Youth Court. If a prosecution of a youngster starts off evolved whilst they`re beneath 18 and she or he turns 18 all through the case, the Youth Court can also additionally preserve to cope with it and make any order that it can have made if the defendant have been nonetheless beneath 18. In a few instances, whilst a prosecution choice is taken, the defendant will already be earlier than the Court due to the fact they have been charged through police. If the choice isn`t to prosecute then the case may be over and the defendant may be launched from custody or any persevering with bail conditions.
Step 3: Prosecution withinside the Magistrates’ Court
If the choice is to prosecute an person defendant withinside the Magistrates’ Court the case may be heard through a District Judge who will determine a defendant’s innocence or guilt. If the defendant pleads responsible he or she can be able to then be sentenced. In a few instances so one can take region at the day of the responsible plea. In different instances, typically in which the courtroom docket calls for in addition records a good way to sentence the defendant, the case can be adjourned to a next date for sentencing to take region.
If the defendant enters a plea of now no longer responsible, then the case may be scheduled for a contested listening to in which the sufferers and witnesses may be required to present proof. The prosecution will offer the courtroom docket with the supply of its witnesses in order that this may be taken into consideration whilst putting the date for trial. You can examine extra records approximately attending courtroom docket through clicking the hyperlinks to the applicable sections.
Prosecution withinside the Youth Court
A Youth Court case may be heard through a District Judge who acts as a chairperson sitting as a panel with lay magistrates. The manner is similar to for adults who`re prosecuted withinside the Magistrate’s` Court but unique preparations follow to make certain that the `nice interests` of the kid or younger defendant are a number one attention for the duration of the case.
Prosecution withinside the Crown Court
Certain extra severe offences can simplest be prosecuted withinside the Crown Court. There also are different offences in which the prosecutor can determine to carry the court cases withinside the Crown Court, in which more sentencing powers are available. In a small range of Crown Court instances, typically the ones regarding terrorist offences, the case may be heard through a Judge sitting alone. In such instances the Judge will offer a written judgment starting off the motives for the choice that they have got reached.
Where the choice is to carry the prosecution withinside the Crown Court a initial listening to withinside the Magistrates’ Court should first take region. The reason of the initial listening to is to determine whether or not there`s enough proof to ship the defendant for trial. This is called a committal listening to.
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