PROSECUTION , theprocedure by which the
See also:law is put in motion to bring an accused
See also:person to trial (see CRIMINAL LAW;
See also:SUMMARY JURISDICTION, and TRIAL) . In theory in the
See also:Kingdom the
See also:king is in all criminal offences the prosecutor, because such offences are said to be against his peace, his
See also:crown and dignity, but in practice such prosecutions are ordinarily undertaken by the individuals who have suffered from the
See also:crime . This is a different procedure from that prevailing in Scotland,
See also:continental countries and the United States, in all of which a public department or officer undertakes the prosecution of offences . A step towards public prosecution was taken in England by the Prosecution of Offences
See also:Act (1879), under which an officer called the " Director of Public Prosecutions " was appointed; in 1884 the Prosecution of Offences Act of that
See also:year revoked the
See also:appointment made under the act of 1879, and constituted the
See also:solicitor to the
See also:Treasury Director of Public Prosecutions . The Prosecution of Offences Act (1908) separated the two offices again, making the public prosecutor
See also:independent of the treasury, but putting him under the
See also:control of the Home
See also:Office . The
See also:duty of the public prosecutor is to institute, undertake or carry on criminal proceedings in any
See also:court and to give advice and assistance to persons concerned in such proceedings . The appointment of such an officer, according to the act of 1908, does not preclude any person from instituting or carrying on criminal proceedings, but the public prosecutor may at any stage undertake the conduct of these proceedings if he thinks
See also:fit (s . 2,
See also:par . 3) .. A person to be qualified for the
See also:post of public prosecutor must be a
See also:barrister or solicitor of not less than ten years'
See also:standing, and an assistant public prosecutor, who may be appointed under the act of 1908 and who is empowered to do any act or thing which the public prosecutor is required or authorized to do, must be a barrister or solicitor of not less than seven years' standing . See also
See also:ADVOCATE .
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