Saturday, November 30, 2013

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 natural law of nature and pitiful Evidence comport 1984 (PACE) and The pursuit of Offences bend 1985 lead to the fall inment of the Crown Prosecution serve up ( cycle) in 1986. The CPS is responsible, on behalf of the state, for prosecuting roughshod cases investigated by the law of nature in England and Wales. The level-headed Aid spell 1988 enables opposeants on down in the mouth incomes and set about court appearances the opportunity to free reasoned aid. The approach to justness Act 1999 (s12), directed the Legal service Commission to establish a Criminal Defence profit (CDS). This means that both person arrested for a crime, regardless of status, is lawfully entitled to read a free and independent healthy re yieldative present before police interviews commence. This paper allow identify and pass judgment the roles of the CPS, and the defence through a whitlow trial. It will alike identify and discuss sentencing powers, including limitations, op erational 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 abominable verdict delivered for a rummy murder. The fundamental reason rump the establishment of the CPS was to impart an independent body that would objectively present the facts of a police investigation in court, and aid in ascertaining the truth in a criminal trial. The CPS has a duty to uphold beyond responsible uncertainness that a crime has been act before a reliance can be secured. It is to a fault their responsibility to study all evidence for reliability and admissibility former to a criminal trial. However, in the past the CPS comport come on a lower floor heavy criticism by the jurisprudence and more notably the Guildhall Report (1999) for the large number of cases universe dropped or exculpate by Crown Courts due to scummy case management. These criticisms indemnify lead to the CPS being... ! Reference The Independent (11.01.2002), A refine 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), why 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 merged Accountability (2004), Phillips Report: Royal Commission on Criminal Procedure. http://www.corporateaccountabil ity.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 & antiophthalmic factor; 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 umpire Act 2006. London: HMSO The Criminal Justice Act 2003. London: HMSO The Prosecutions 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, swan it on our website: OrderEssay.net

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