For those of you who are unfamiliar with the workings of the Public Prosecution Service (PPS), I will try to shed some light on the process. PPS is a government-private partnership that was designed to bring proceedings in court against people who may have committed offences under the Criminal Justice Act 1990. It is an organization run by the solicitors, John Mairlay and David Taylor. They have actually been conducting operations for the better part of 20 years, so it is a fairly stable organisation.
The idea behind the Public Prosecution Service is that it is mandated by the UK government to take action if it feels that an individual or group of individuals has actually committed an offense that could have been committed by someone else.
For instance, the Criminal Law Act makes it a requirement for anyone convicted of burglary, for example, to be put in prison. If an individual or a group of individuals break into a premises and steal things, such as jewellery or money, the police must then arrest them and place them in prison. The same applies to instances when someone is convicted of assault with a deadly weapon. If they kill somebody with a weapon they were convicted of, the police must then arrest and then put them in prison.
This is why the Public Prosecution Service can only proceed with prosecuting criminal cases where there is evidence that a crime has been perpetrated.
There is no alternative route to this unless you can prove beyond doubt that an individual or group of individuals are guilty of the charged offence. In many instances, this is not possible because the accused parties may not have actually committed the crime. It is often necessary for the Crown Prosecution Service to bring a civil claim against the individuals in order to commence proceedings against them in court.
The next step that the PPS takes is to bring a complaint before the magistrates.
If the complaint is then approved, the complainants will then apply to the magistrates for an order to produce evidence that they require to support their case. Magistrates will then make their decision based on the evidence that is produced by the Prosecution Service. If the magistrates agree with the Prosecution Service’s evidence, a date for a preliminary hearing will be set. If the magistrates do not agree with the Prosecution Service’s evidence or find merit in it, the case will move to a criminal court.
This brings us to the civil process.
An individual who has been accused of a criminal offence will apply to the county court. Once the application has been made, the county court will then hear the case. If the court finds merit in the evidence presented by the Prosecution Service, they will then make a decision on the criminal case. Individuals who lose their criminal case will appeal to the county court for compensation.
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