How a criminal case works | The Crown Prosecution Service
The magistrates, District Judge or jury will then ‘retire’ to consider their verdict. The CPS prosecutor opens the trial – setting out the charges and the facts in the case. Our role is to prove, based on the evidence, that the defendant is guilty. The defence doesn’t need to prove that the defendant is innocent.
Offensive Weapons, Knife Crime Practical Guidance
Sep 27, 2022 · This Practical Guidance document sets out the approach of the Police and the Crown Prosecution Service (CPS) to knife crime offending. The document will be updated periodically to reflect changes in legislation as well as changes in any guidance or policy introduced by the Police or CPS. This document is based on the principle that multi-agency ...
Offensive Weapons Table of Offences, Defences and Applicability
Aug 11, 2021 · Accordingly, a breach of an SVRO can be committed and prosecuted anywhere in England and Wales. More information can be found in the Offensive Weapons, Knives, Bladed and Pointed Articles prosecution guidance. No relevant information in this cell of the table. Defendant Conditions: Aged 18 or over; and.
Disclosure Manual: Chapter 15 - The Crown Prosecution Service
Oct 21, 2021 · Disclosure Manual: Chapter 15 - Defence Disclosure. In proceedings before the Crown Court, where the prosecutor has provided, or purported to provide, initial disclosure, the accused must serve a defence statement on the prosecutor and the court. In the magistrates' court, the accused is not obliged to serve a defence statement but may choose ...
Chapter 7: Key Legislation and Offences - The Crown Prosecution …
May 21, 2021 · Key points. Rape is a crime of basic intent, and drunkenness is not a defence. Section 1 Rape involves penetration of the vagina, anus or mouth by a penis, therefore a woman can only commit this offence as an accomplice. Rape is an indictable only offence and carries a maximum of life imprisonment.
Voyeurism - The Crown Prosecution Service
Apr 12, 2019 · The Voyeurism (Offences) Act 2019 received Royal Assent on 12 February 2019 and will be implemented 12 April 2019. The new offences will apply to England and Wales and they will not be retrospective. These offences are triable either way and carry a maximum 2 year prison sentence. Prior of the creation of the new offences contained in the ...
Fraud Act 2006 - The Crown Prosecution Service
Mar 11, 2024 · The Fraud Act 2006 (the Act) came into force on 15 January 2007 and applies in England, Wales and Northern Ireland. The Act repealed the following offences: Theft Act 1968. Section15 (obtaining property by deception); Section15A (obtaining a money transfer by …
Computer Misuse Act - The Crown Prosecution Service
Aug 3, 2023 · This guidance sets out how to consider prosecuting cases under the Computer Misuse Act 1990 (‘CMA’). It also provides guidance on offences relating to the collection, processing, and storage of personal data under the Data Protection Act 2018 (‘DPA’). For a general overview on cybercrime, please see the Legal Guidance on Cybercrime.
How the CPS charges and prosecutes rape cases
All parts of the criminal justice system must give real and ongoing focus to their response to this crime. The Crown Prosecution Service (CPS) has a very clear purpose – to make sure the right person is prosecuted for the right offence. The information on these pages sets out how we charge and prosecute rape cases.
Road Traffic - Fatal Offences and Bad Driving
Jan 3, 2019 · Introduction. This guidance deals with the most serious offences that relate to the way in which a motor vehicle has been driven. The purpose of the guidance is to assist prosecutors in particular with: What may amount to “dangerous” and what may amount to “careless” driving. Which factors are irrelevant to this assessment.