Author Topic: power to prosecute to be handed over to the police...  (Read 59 times)

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Offline ecuworrier

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http://www.guardian.co.uk/uk/2011/may/09/theresa-may-power-prosecute-police

hmm not entirely sure what is going on here cutting out the expensive middleman is a great idea in business but are we comfortable with law on the cheap? i mean wouldn't it be easier to send in the lawyers to the scene of the crime to assess whether a suspected shop lifter should be prosecuted?


thus liberating the police to handle serious matters

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Offline AndrewF

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Actually I think this is quite sensible really - in many cases an experienced Custody Sergeant is perfectly capable of making the decision - and it might result in a few more cases being brought to trial where there is a reasonable chance of success rather than an almost cast-iron one helping redress the balance in areas such as ****. In any case it is only the decision of whether or not to take a case to court which is being handed back - there will still be lawyers doing the actual work in the court, so the middle man is not being cut out.
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Offline ecuworrier

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i think they are going back to a system that was there before a whole lot of meddlin took place though quite what was at thought there dunno.. there was some talk about rather than wasting time about holding folks in custody they shoudl let them go and send them court summons in the post ... which does create some interesting aspects like what happens if person doesn't receive the summons or turn iup in court and all that

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Offline AndrewF

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The 'summons through the post' issue seems to apply only when someone was released on bail after questioning and charging, but has not been notified of the date of the hearing and the offence is minor. It is in place of getting them back into the cop shop to be summonsed, rather than anything else.
As you say though - it does rather pose the question of what happens if they don't get the letter. I guess the answer is that, since they are on bail, they are supposed to notify the police of their current address (and if they have to move) and, assuming the letter is sent registered (which I think they were expecting to be the case) there should be no question of it not being delivered to the address and the cops not knowing this. If it is delivered to the right address and the perp claims not to have go it, then either he has broken bail conditions, or he is lying (or possibly someone else signed for it and destroyed it - which would probably be cause for them to be charged with attempting to pervert the course of justice...).
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