Law 2101 Lecture 5: Criminal Procedure.docx

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Investigation: responsibility rests largely with the police, most investigations commences with a complaint form a member of the public, the police re sometimes proactive, generally, it is the police who decide whether to lay charges (based on reasonable grounds to believe the subject has committed an offence, wishes of victims considered but not determinative, private prosecutions rare and subject to public control, can lay a charge against someone if the police doesn"t want to pursuit the charge. Prosecution: responsibility rests largely with crown attorney"s offices the police, crowns are quasi judicial officers whose tasks is to achieve justice, not obtain a conviction, although they are frequently but not always the same thing, crowns screen cases 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.

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