Law 2101 Lecture Notes - Lecture 16: Domestic Violence, Determinative, High Standard Manufacturing Company
12 Dec 2017
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Most investigations commence with a complaint from a member of the public, but police are sometimes proactive *need reasonable grounds. Generally, it is the police who decide whether to lay charges (based on reasonable grounds to believe the suspect has committed an offence) Wishes of victims considered but not determinative. Private prosecutions rare and subject to public control not everyone wants charges laid by police ex. domestic abuse victims. *matters turn to prosecution after charges are laid. Responsibility rests largely with crown attorney"s offices. Crowns screen cases (and choose) and prosecute only those cases that are in the public interest and for which there is a reasonable prospect of conviction. Must disclose case to the accused in advance of trial --> accused gets all the information about the police investigation. Normally performed by private lawyers (not by gov"t) paid personally by the accused or by legal aid. A narrower role, directed almost exclusively at protecting the interests of the client.
