How a criminal case works | The Crown Prosecution Service
WEBThe 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.
Chapter 7: Key Legislation and Offences - The Crown Prosecution …
WEBMay 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.
Hate crime - The Crown Prosecution Service
WEBThe CPS is responsible for deciding which cases go to court. This includes taking a decision on whether there is enough evidence to prosecute a crime as a hate crime. If an offender pleads not guilty the CPS are responsible for preparing and presenting the case against them at court. In hate crime cases the CPS is also responsible for asking ...
Road Traffic - Summary Offences - The Crown Prosecution Service
WEBApr 3, 2020 · Failing to Conform to Traffic Sign. Offences against traffic signs and police signals are dealt with in sections 35, 36, 37 and 163 of the Road Traffic Act 1988. The expression 'traffic sign' is defined in section 64 of the Road Traffic Regulation Act 1984. The offence is one of strict liability – no mens rea is required.
Sentencing – Overview, General Principles and Mandatory …
WEBJun 14, 2023 · The Code for Crown Prosecutors. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.
Fraud and economic crime | The Crown Prosecution Service
WEBFraud is the act of gaining a dishonest advantage, often financial, over another person. It is now the most commonly experienced crime in England and Wales, with an estimated 3.4 million incidents in the year ending March 2017. More than half of these were cyber-related and the number of fraud and forgery cases dealt with by the CPS has risen ...
Key facts about how the CPS prosecutes allegations of rape
WEBOct 19, 2020 · Rape can happen between spouses and partners. The offence of rape was extended in 1992 so that a husband could be convicted of raping his wife [R v R [1992] 1 AC 599]. In 2019-20 the CPS prosecuted 335 cases of domestic abuse flagged rape cases, which represented 16% of all rape prosecutions.
Offences Involving Domestic and Captive Animals
WEBJul 13, 2018 · The Animal Welfare (Sentencing) Act 2021 increased the maximum sentence for all of these offences, making them triable either-way and upon indictment carrying a maximum penalty of five years’ imprisonment and/or an unlimited fine. When selecting charges prosecutors should apply part 6 of the Code for Crown Prosecutors.
Road Traffic - Fatal Offences and Bad Driving
WEBJan 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.
Cautioning and Diversion - The Crown Prosecution Service
WEBA Penalty Notice for Disorder (PND) is a statutory disposal introduced by the Criminal Justice and Police Act 2001 (sections 1-11). A PND is a type of fixed penalty notice for a specified range of low level offences, for example Drunk and Disorderly. It is only available to those over 18 years of age.