ratemyuf.blogg.se - Ask and it is given processes pdf

All matters start in the Local Court, also known as the Magistrates Court.

There are potentially three levels of courts that can hear criminal matters depending on the seriousness of the offence and the jurisdiction the matter is heard in. If during the brief assessment stage the CDPP decides that charges should be laid, an initiating process (such as a summons) will be sent to the defendant notifying them of the charge, and the date they are first required to attend court.

If charges have already been laid without the matter first being referred to the CDPP, the CDPP will consider whether that charge should be maintained and how the matter should proceed.

the public interest requires a prosecution.

reasonable prospects of securing a conviction and.

A prosecution will be instituted when there are: The decision whether or not to prosecute is the most important step in the prosecution process. These briefs that are referred to the CDPP are then assessed by prosecutors in accordance with the Prosecution Policy of the Commonwealth. Once a brief of evidence has been referred to the CDPP and a prosecution commenced the investigator becomes known as the informant. Briefs of evidence are referred to the CDPP by investigators and include things such as witness statements and physical evidence, for example photographs and recordings. Once the investigator considers enough evidence has been gathered to substantiate a criminal charge, this evidence is compiled in a brief. Statements may be taken from the victim of the crime and from other people who may know something about the incident. The role of the investigator is to take statements from witnesses and collect evidence to be used in criminal prosecution. The CDPP prosecutes Commonwealth offences and has no investigative powers. As the CDPP is a national office it is important to recognise that practices may vary given that State and Territory laws of procedure apply to the prosecution process. The criminal prosecution process can be long and complex, and involves a host of people, ranging from investigators, prosecutors and court staff to the defendant and their solicitors.