Judiciary problems

  Main Access 21:10 18 May 2007

Is it just me or are the police not doing their job properly.

I have been on jury service for the last 2 weeks, the case that was brought had 6 people finding the accused guilty and 6 saying that the police had done a very bad job so that on the evidence provided they could not find the accused guilty, although everyone was sure that the accused did it.

Why did this case ever come to court? Is it because the prosecution are lowering the standards or do they think that the quality of a jury has dropped

  [email protected] 21:28 18 May 2007

i think the answer your looking for is that there is some issues that need a serious change made to them,how much a year is getting waisted on issues like this please.....?

its becoming a everyday occurance with this kinda subject...

about time the lords or mp's that have the power to change laws/regulations woke up..same as the human rights fiasco...where is the country going to be

  Kate B 21:32 18 May 2007

It's the CPS that's responsible for bringing prosecutions and for gathering evidence, not the police. Their responsibility ends the moment someone is charged.

  Main Access 21:37 18 May 2007

The fact that the prosecution case rested on a set of keys that the police could not provide and had not even taken a photograph of is neither here nor there then.

  Kate B 21:51 18 May 2007

I don't think you can extrapolate a whole social crisis from one failure of one police officer, tempting though it is sometimes to do that.

  bremner 11:48 19 May 2007

"It's the CPS that's responsible for bringing prosecutions" - true

".....and for gathering evidence" - not true - the police gather evidence which they present to the CPS/Prosecuting barrister.

"...... Their responsibility ends the moment someone is charged". Not true - most major investigation continue well after the suspect has been charged. New evidence may be introduced well into the case.

  Forum Editor 12:07 19 May 2007

about whether or not police prosecutions are brought to court, and they do it on the basis of the evidence which investigating officers have gathered in the course of their enquiries.

CPS involvement doesn't end when someone is charged - they are responsible for preparing the case for court, and for conducting it, once it gets to court. CPS solicitors also decide what the charge will be in the first instance - that's not the job of police officers unless the offence is a very minor one.

Public prosecutions cost money, and the courts don't have unlimited time. CPS solicitors have to be convinced that there is a reasonable chance of a prosecution securing a conviction before they'll allow the case to proceed, and this can lead to frustrated police officers. It must be infuriating to work on a case for days, and to be convinced that your suspect is guilty, only to see the CPS throw the whole thing out for lack of proper evidence.

Like everyone else involved in the detection and prosecution of criminals the CPS is aware of the need to show results, and no doubt there are occasions when perhaps something goes to court that should have stayed on file.

  bremner 13:38 19 May 2007

A crucial part of CPS deliberations is whether the case is "in the public interest". What constitutes the public interest is very wide ranging.

It is often frustrating for a case that passes all the evidential tests to be dropped because it is "not in the public interest".

Generally the CPS conduct and often present cases at Magistrates Court but employ barristers to conduct and present cases at the Crown Court. In these cases they act as the conduit between the police and the barristers amongst their other responsibilities.

It is however always the CPS (or the DPP) that has the final say on whether a case should progress.

  spuds 14:42 19 May 2007

You appear to have first hand knowledge on how the 'system' works, and I agree with you totally.

But as perhaps you well know, it can get very annoying when the Crown Prosecution make a complete mess of things, and the case at high expense is 'thrown out'.

Since the introduction of DNA, things have become much easier, but mistakes, both human and otherwise can still occur within the judiciary system, to perhaps the disappointment and frustration of people concerned.

  bremner 15:50 19 May 2007

What you say is true, the CPS have made a mess of things on occasion, but so too have the police, barristers and other agencies involved in the judicial process. All are human and will continue to make mistakes, it is recognising when things have gone wrong and ensuring similar mistakes do not occur in the future that is important.

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