The law of nature and Criminal Evidence comport 1984 (PACE) and The Prosecution of Offences bend 1985 lead to the fall inment of the Crown Prosecution Service (CPS) in 1986. The CPS is responsible, on behalf of the state, for prosecuting criminal cases investigated by the law of nature in England and Wales. The level-headed Aid Act 1988 enables defendants on low incomes and set about court appearances the opportunity to free legal aid. The approach to justness Act 1999 (s12), directed the Legal Services Commission to establish a Criminal Defence Service (CDS). This means that both person arrested for a crime, regardless of status, is legally entitled to read a free and independent legal re yieldative present before police interviews commence. This paper bequeath 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 limitations, available 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 guilty verdict delivered for a rummy murder.
The fundamental reason behind the establishment of the CPS was to impart an independent body that would objectively present the facts of a police investigation in court, and assist in ascertaining the truth in a criminal trial. The CPS has a duty to uphold beyond responsible doubt that a crime has been act before a conviction can be secured. It is to a fault their responsibility to test all evidence for reliability and admissibility former to a criminal trial. However, in the past the CPS comport come under heavy criticism by the Police and more notably the Guildhall Report (1999) for the large number of cases universe dropped or acquitted by Crown Courts due to scummy case management. These criticisms pay lead to the CPS being...
Reference
The Independent (11.01.2002), A civilised 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 protecting the guilty. http://www.independent.co.uk/news/uk/crime/police- accuse-courts-of-protecting-the-guilty-662798.html (Accessed 20/03/09)
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Burglary, being TEW, would have provided the opportunity for presenting a wider range of sentencing powers.
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