Public Prosecutors and Discretion: A Comparative Study

By Julia Fionda | Go to book overview

Index
Access to courts, 219-27
credibility model, 222
European perspective, 220-3
Netherlands, 222
Scotland, 221
Accountability, 207-15
administrative justice, and, 208
appeal, 213-14
Crown Prosecution Service, 211
fairness, and, 210
functions requiring, 209-10
Germany, 210
guidelines, 212-13
legislation prohibiting non-prosecution, 214
Netherlands, 210
objectivity, and, 210
presumption of guilt, and, 207
public scrutiny, 208
Scotland, 211
statement of reasons, 210-12
United States, 209
Adversarial system
nature of, 6-7
Association of Chief Police Officers proposal as to secondary discretion to prosecute, 34
Attorney-General
accountability, 60
Australia
sentencing role of prosecutor, 44-5
Bail
opposition to, 57
Barristers
rights of audience, 20-1
Cautioning, 38-41
'caution plus' system, 39
condition of non-prosecution, as, 40
juveniles, 24-5
natural justice, and, 225
non-discretionary approach, 41
practice, 38-9
removal from police, 40
Charging, 54-6
plea-bargaining, 55-6
selection, 54
Civil liberties
protection of, 62
Conservative Party, 10
Constitutionality, 196-207
adversary system, and, 202-4
filtering role of prosecutor, and, 200
implementation of policy, and, 199
influence of prosecutor, and, 198-9
influence on prison populaton, and 201-2
inquisitorial system, and, 202-3
interrelationship between CPS and police, 200
justice system as single process, 197
operational efficiency model, and, 204
overburdened criminal justice system, and, 197
police, and, 199
powers of American prosecutor, 205
prosecutor as 'sluice gate', 202
prosecutor's sentencing function, and 198
role of prosecutor, and, 196-7
sentencing grids, 205-6
Credibility model, 188-93
aim, 191
England and Wales, 189
Germany, 189
Netherlands, 189
public confidence, and, 191
Scotland, 189
United States, 190-1
victims, and, 192
Crime control model
pre-trial sentencing, and, 242-3
Crime prevention
Netherlands, 131-2
Crown Prosecution Service, 14-64
accountability, 60-2
Attorney-General, and, 60
background, 16-22
bureaucratic culture, 64
cautioning. See Cautioning
civil liberties, and, 62
Committee of Public Accounts Report 1990, 20
creation, 14
criticisms of, 19
easing workload of court, 28
evidential sufficiency criterion, 22-3
factors in favour of prosecution, 26-7
Home Affairs Committee 1990, 21-2

-263-

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