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Prosecution and Sentencing (Justifcations For Punishment (Punishment…
Prosecution and Sentencing
Organisation Of Crime
Triable only Indictment
Murder, Rape, GBH
Crown Court
Triable either way
Theft, detection.
Summary
Minor criminality, damage
Criminal Courts
Magisrates
6 month, £5000, Commit to Crown
Crown
Serious, Judge and Jury.
Crown Prosecution Service (CPS)
Independent from police and govern, separate investigation and prosecution.Which cases should be prosecuted, determine charges, preparing and presenting cases at court.
Full Code Test
Evidential test
Is there sufficient evidence to provide a realistic prospect of conviction "balance of probabilities"
Public Interest
Proseuction required in public interest
Justifcations For Punishment
Punishment
Those who inflict harm deserve punishment
Deterrence
Deters other form crime
Rehab & Reform
Positive changed to individuals
Incarnation & Public Protection
While contained not able to commit crime
Sentences Available
First Tier
Absolute & Conditional discharge
Second Tier
Community Order & Requirements
Third Tier
Suspended Sentences, Immediate Attention
Issues in Sentencing
Guilty Plea Discount
Race and Sentencing
Black represented in prison population
Net widening
New powers not used in ways originally intended