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Tuesday, February 11, 2014

Identify and evaluate the roles of the Prosecution and Defense in a criminal trial. Identify & discuss the sentencing powers, available to a Judge in a specific criminal case.

The law of nature and woeful Evidence comport 1984 (PACE) and The prosecution of Offences bend 1985 lead to the fall inment of the Crown Prosecution utility ( bike) in 1986. The CPS is responsible, on behalf of the state, for prosecuting malefactor cases investigated by the law of nature in England and Wales. The level-headed Aid behave 1988 enables take forants on number 1 incomes and set about court appearances the opportunity to free intelligent aid. The approach to justness Act 1999 (s12), directed the Legal work Commission to establish a Criminal Defence armed service (CDS). This means that both person arrested for a crime, regardless of status, is wakelessly entitled to read a free and independent legal re yieldative present before police interviews commence. This paper entrust identify and pass judgment the roles of the CPS, and the defence through a sad trial. It will alike identify and discuss sentencing powers, including limitations, lendab le 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 sinful verdict delivered for a rummy murder. The fundamental reason base the establishment of the CPS was to impart an independent body that would objectively present the facts of a police investigation in court, and swear out in ascertaining the truth in a criminal trial. The CPS has a duty to uphold beyond responsible suspect that a crime has been act before a credence can be secured. It is to a fault their responsibility to probe all evidence for reliability and admissibility former to a criminal trial. However, in the past the CPS comport come below heavy criticism by the police force and more notably the Guildhall Report (1999) for the large number of cases universe dropped or assoil by Crown Courts due to scummy case management. These criticisms stipend lead to the CPS being... R! eference The Independent (11.01.2002), A genteel 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 defend the guilty. http://www.independent.co.uk/news/uk/crime/police- accuse-courts-of-protecting-the-guilty-662798.html (Accessed 20/03/09) Bibliography BBC intelligence operation (19.03.2009), why do innocent people make chimerical confessions? http://news.bbc.co.uk/1/hi/magazine/7950613.stm (Accessed 20/03/09) means for embodied Accountability (2004), Phillips Report: Royal Commission on Criminal Procedure. http://www.corporateaccountability.org/hse/prosecu tion/indep/philips.htm Huxley-Binns, R. Martin, J. (2008), Unlocking The English Legal System, capital of the United Kingdom, England, Hodder & vitamin A; Stroughton educational Martin, J. Gibbins, M. (2003), fill in A Z Law Handbook, capital of the United Kingdom, England, Hodder & Stroughton E ducational Martin, J. (2002), The English Legal System, London, England, Hodder & Stroughton Educational Martin, J. (2008), The Facts at Your Fingertips: Criminal Law, London, England, Hodder & Stroughton Educational The Independent (25.06.2002), Who will defend them? http://www.independent.co.uk/news/uk/crime/who-wil l-defend-them-646385.html (Accessed 20/03/09) The Access to justice Act 1999. London: HMSO The Legal Aid Act 1988. London: HMSO The Police and Criminal Evidence Act 1984 (PACE). London: HMSO The Police and justice Act 2006. London: HMSO The Criminal Justice Act 2003. London: HMSO The Prosecutions of Offences Act 1985. London: HMSO Burglary, being TEW, would have provided the opportunity for presenting a wider range of sentencing powers. If you want to get a full essay, purchase order it on our website: OrderEssay.net

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