ADJ-1 Lecture Notes - Lecture 27: Jury Trial, Summary Offence, Determinative
26 Oct 2020
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Most investigations commence with a complaint from a member of the public, but police are sometimes proactive. In the case of drug trafficking, or prostitution. Will not receive complaints from people involved. 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 are considered, but not determinative. Victim does not have final say on whether accused is charged or not. Private prosecutions are rare and are subject to public control. Responsibility rests largely with the crown attorney"s offices. Crowns are quasi-judicial officers whose task is to achieve justice, not to obtain a conviction. Although they are frequently (but not always) the same thing. Crowns would seek an acquittal if there is not enough evidence to convict the accused. Crowns screen cases and prosecute only those cases that are in the public interest and for which there is a reasonable prospect of conviction.
