In New Zealand, a Crown prosecutor is a private lawyer appointed to prosecute indictable offences on behalf of the Crown.
Unique for western democracies, New Zealand is the only country to outsource prosecution of serious crimes to the private sector. [1]
New Zealand, unlike many other jurisdictions, does not directly employ many lawyers to lay prosecutions. The chief law officer, the Attorney-General, is responsible for prosecuting offenders. However, as a Government minister, the Attorney-General will conventionally not involve themself in individual cases. Instead, the work of prosecution has been delegated to the Crown Law Office, headed by the Solicitor-General, who is a senior civil servant rather than a politician. The Crown Law Office, among other duties, supervises the prosecution of major criminal offences. Much of the prosecution work itself is performed by the Crown Solicitors, 17 senior lawyer partners in private law firms, each appointed for a particular district, and lawyers working for them. [2] [3]
Crown prosecutors appear for all prosecutions in the High Court and those in the District Court where the defendant has elected trial by jury. In most other cases, the Government is often represented by Police prosecutors, or by prosecutors working for the Government department administering the law involved; for example, cases involving tax are often prosecuted by lawyers working for the Inland Revenue Department. [4]
In most common law jurisdictions, the attorney general or attorney-general is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to the government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience.
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of the Commonwealth of Nations.
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
In the United States, a district attorney (DA), county attorney, county prosecutor, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer representing a U.S. state in a local government area, typically a county or a group of counties. The exact scope of the office varies by state. Generally, the prosecutor is said to represent the people of the jurisdiction in the state's courts, typically in criminal matters, against defendants. With the exception of three states, district attorneys are elected, unlike similar roles in other common law jurisdictions.
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
Crown attorneys or crown counsel or, in Alberta and New Brunswick, crown prosecutors are the prosecutors in the legal system of Canada.
The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare.
The Revenue and Customs Prosecution Office (RCPO) was a non-departmental public body created under the Commissioners for Revenue and Customs Act 2005 as an independent prosecution body to take responsibility in the England, Wales and Northern Ireland for the prosecution of criminal offences in cases previously within the purview of the Inland Revenue and HM Customs and Excise (HMCE). In Scotland it was a Specialist Reporting Agency and the cases are then prosecuted by the Crown Office and Procurator Fiscal Service. It was merged with the Crown Prosecution Service on 1 January 2010.
A procurator fiscal, sometimes called PF or fiscal, is a public prosecutor in Scotland, who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland, conduct fatal accident inquiries and handle criminal complaints against the police. They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs.
The Public Prosecution Service of Canada was established on December 12, 2006, by the Director of Public Prosecutions Act. A federal agency, the PPSC prosecutes offences on behalf of the Government of Canada. It is responsible to Parliament through the attorney general of Canada, who litigates on behalf of the Crown and has delegated most prosecution functions to the PPSC.
Andrew Thomas Cayley,, is a King's Counsel and was His Majesty's Chief Inspector of the Crown Prosecution Service from 2021 until February 2024. He was appointed by the Attorney General of England and Wales, Suella Braverman MP, KC on 19 January 2021. He is now a Principal Trial Lawyer at the ICC.
A criminal defense lawyer is a lawyer specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from country to country. Some jurisdictions use a rotating system of appointments, with judges appointing a private practice attorney or firm for each case.
Simeon V. Marcelo is a Filipino lawyer and was the third Ombudsman of the Philippines. As the Ombudsman, he acted as protector of the people against the illegal and unjust acts of those who are in the public service. He investigated government officials, including members of the police and the military, who were suspected of committing graft and corruption. Notably, he served as the principal private prosecutor in the impeachment case of Former President Joseph Estrada, the 13th President of the Republic of the Philippines. After 3 years as Ombudsman, he resigned due to serious health problems. He was then replaced by Ma. Merceditas N. Gutierrez.
A private prosecution is a criminal proceeding initiated by an individual private citizen or private organisation instead of by a public prosecutor who represents the state. Private prosecutions are allowed in many jurisdictions under common law, but have become less frequent in modern times as most prosecutions are now handled by professional public prosecutors instead of private individuals who retain barristers.
The Director of Public Prosecutions (DPP) is the head of the Crown Prosecution Service (CPS) and the third most senior public prosecutor in England and Wales, ranking after the attorney general and solicitor general.
The Office of the Director of Public Prosecutions (ODPP) is the National Prosecuting Authority in the Republic of Kenya as established by the Constitution of Kenya, which de-linked it from the Office of the Attorney General and established it as an independent office. The office is empowered with the authority to exercise the State's powers of prosecution with regard to criminal proceedings.
Crown advocate is a title used in Britain and some former British colonies for a government prosecutor. In former British Colonies and certain British extraterritorial courts the title is used by the senior government advocate.
The Office of the Commonwealth Director of Public Prosecutions or, informally, the Commonwealth Director of Public Prosecutions (CDPP) is an independent prosecuting service and government agency within the portfolio of the Attorney-General of Australia, as a part of the Attorney-General's Department. It was established by the Director of Public Prosecutions Act 1983 (Cth) and began its operations in 1984.
The New South Wales Office of the Director of Public Prosecutions (ODPP) is an independent prosecuting service and government agency within the portfolio of the Attorney General of New South Wales. Of all prosecuting services in Australia, the ODPP has the largest caseload, staff, and budget.
The Office of the Director of Public Prosecutions is the principal public agency for conducting criminal prosecutions in the Republic of Ireland. It is led by the Director of Public Prosecutions (DPP).
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