Crown Prosecutor (Australia), Crown Prosecutor
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Crown Prosecutor (Australia), Crown Prosecutor
Crown prosecutor is the title given in a number of jurisdictions to the state prosecutor, the legal party responsible for presenting the case against an individual in a criminal trial. The title is commonly used in Commonwealth realms. Examples * Crown Prosecution Service (England and Wales) * Crown prosecutor (Australia) * Crown prosecutor (New Zealand) * Crown attorney (Canada) ** "Crown prosecutor" in New Brunswick, Alberta and Quebec. * Attorney general * District attorney In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer represen ... References Prosecution {{Law-stub ...
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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ...
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Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ...
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Trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Criminal A criminal trial is designed to ...
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Commonwealth Realm
A Commonwealth realm is a sovereign state in the Commonwealth of Nations that has the same constitutional monarch and head of state as the other realms. The current monarch is King Charles III. Except for the United Kingdom, in each of the realms the monarch is represented by a governor-general. The phrase ''Commonwealth realm'' is an informal description not used in any law. , there are 15 Commonwealth realms: Antigua and Barbuda, Australia, The Bahamas, Belize, Canada, Grenada, Jamaica, Realm of New Zealand, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Solomon Islands, Tuvalu, and the United Kingdom. While the Commonwealth of Nations has 56 member states of the Commonwealth of Nations, independent member states, only these 15 have Charles III as head of state. He is also Head of the Commonwealth, a non-constitutional role. The notion of these states sharing the same person as their monarch traces back to 1867 when Cana ...
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Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation, and to conduct prosecutions both in the magistrates' courts and the Crown Court. The Attorney General for England and Wales superintends the CPS's work and answers for it in Parliament, although the Attorney General has no influence over the conduct of prosecutions, except when national security is an issue or for a small number of offences that require the Attorney General's permission to prosecute. History Historically prosecutions were conducted through a patchwork of different systems. For serious crimes tried at the county level, justices of the peace o ...
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Crown Prosecutor (New Zealand)
In New Zealand, a Crown prosecutor is a private lawyer appointed to prosecute indictable offences on behalf of the Crown. Unique for western democracies, New Zealand is the only country to outsource prosecution of serious crimes to the private sector. Structure New Zealand, unlike many other jurisdictions, does not directly employ many lawyers to lay prosecutions. The chief law officer, the Attorney-General, is responsible for prosecuting offenders. However, as a Government minister, the Attorney-General will conventionally not involve themself in individual cases. Instead, the work of prosecution has been delegated to the Crown Law Office, headed by the Solicitor-General, who is a senior civil servant rather than a politician. The Crown Law Office, among other duties, supervises the prosecution of major criminal offences. Much of the prosecution work itself is performed by the Crown Solicitors, 17 senior lawyer partners in private law firms, each appointed for a particular d ...
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Crown Attorney
Crown attorneys or crown counsel () or, in Alberta and New Brunswick, crown prosecutors are the prosecutors in the legal system of Canada. Crown attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code and various other statutes. Criminal prosecutions pursuant to federal statutes other than the Criminal Code, such as the ''Controlled Drugs and Substances Act'', the '' Income Tax Act'', and others, are generally (but not exclusively) conducted by the Public Prosecution Service of Canada, which also handles most narcotic case outside of Quebec and New Brunswick. There are similarities between this role and the procurator fiscal in Scotland, crown prosecutor in England and Wales and United States Attorney or district attorney in the United States. Crown attorneys are not elected. They are civil servants and may be removed from their positions pursuant to their employment agreements. Although the enactment of criminal law is under federal jurisdicti ...
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Attorney General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement and prosecutions, or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience. Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia, and the respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice in some other countries. T ...
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District Attorney
In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact scope of the office varies by state. Generally, the prosecutor is said to represent the people of the jurisdiction in the state's courts, typically in criminal matters, against defendants. District attorneys are elected in almost all states, and the role is generally partisan. This is unlike similar roles in other common law jurisdictions, where chief prosecutors are appointed based on merit and expected to be politically independent. The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the state's criminal law, initiating and directing further criminal investigations, guiding an ...
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