Table of Contents
What is the function of public prosecutor?
The duty of the Public Prosecutor is to represent the State and not the police. A Public Prosecutor is an important officer of the State Government and is appointed by the State under the Code of Criminal Procedure, 1973. She/he is not a part of the investigating agency. She/he is an independent statutory authority.
What is the role of the prosecution in the administration of justice?
Prosecutors shall, in accordance with the law, perform their duties fairly, consistently and expeditiously, and respect and protect human dignity and uphold human rights, thus contributing to ensuring due process and the smooth functioning of the criminal justice system.
What is the purpose of prosecution?
While the judge is entrusted with decision-making power, and he/she cannot initiate judicial process, the prosecutor’s primary function is to initiate and conduct criminal action, to act as a party in judicial proceedings and, in many countries, to supervise and direct the police during the investigative phase.
Who is a Public Prosecutor What are the qualities of an ideal Public Prosecutor?
The prosecutor must be impartial, fair and truthful, not only as a public executive but also because the prosecutor belongs to the honourable profession of law, the ethics of which demand these qualities.
What is the qualification to become a Public Prosecutor?
The candidate must have completed at least a UG degree in law if he/ she wants to become a Public Prosecutor. Those who have completed a Postgraduate degree in Law are also recruited for the job therefore LLM graduates can also apply for becoming a Public Prosecutor.
What is a prosecutor UK?
Crown Prosecutors (also known as reviewing lawyers) provide advice to investigators, make charging decisions and present prosecution cases in the Magistrates Court. Associate Prosecutors represent the CPS in cases with guilty pleas in the magistrates’ courts.
Who is a special public prosecutor?
The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor.
Who appoints the public prosecutor?
— (1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central …
Why do you want to become a prosecutor?
As one prosecutor put it: “The primary reason I enjoy being a prosecutor is the feeling that I am doing something important, something that matters to people and to society. Most days I leave my job feeling good about myself, and feeling like I have accomplished something that will affect people in a positive way.
How do CPS decide to prosecute?
The standard of evidence needed in order for the CPS or police to make a charging decision is set out in the Code for Crown Prosecutors. The prosecutor must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge.
How can we encourage more lawyers to become public prosecutors?
Encouraging more lawyers to become Public Prosecutors. Increasing the salary structure of the Public Prosecutor so that it can act as a reinforcement to more people. Limit the experience required to 3 years instead of 7 years. To establish a national institute to impart proper training upon the aspiring candidates.
Are prosecutors too powerful in the criminal justice system?
Although prosecutors always have wielded a disproportionate amount of power in the criminal justice system, mandatory minimum sentencing laws and the threat of long prison terms have shifted the balance of power in a way that dangerously threatens core principals of fairness and justice.
What are the functions of Public Prosecution in India?
In India, it is necessary that the criminal justice system should function within the limits of the Indian Constitution, which means that it is necessary for the Public Prosecutor to act in accordance with the principles of: To obtain police custody remand for interrogation (including custodial interrogation) of the accused
What are the limitations of the public prosecutor?
The Public Prosecutor cannot aggravate the facts of the case or deny to examine the witness whose evidence may weaken the case. The main aim must be to discover the truth. He should not defend the accused. It is against the fair play of administration of justice or against the legal profession. He represents the State, not police.