In certain jurisdictions, police prosecutors are employed by the police, as counsel for the prosecution, to present cases in court.
In Australia, [1] all States and Territories (other than the Australian Capital Territory) employ Police Prosecutors to work in their summary courts. These police prosecutors are almost exclusively sworn police officers who are trained to act as advocates in summary criminal prosecutions. In Western Australia the police prosecutors work in concert with that state's Director of Public Prosecutions. Some police prosecutors hold legal qualifications; however, this is not a requirement to perform the role.
In the judicial system of New Zealand, a police prosecutor is a lawyer employed by the police to present cases in District Court, as the counsel for the prosecution. This may be a sworn member of the police (normally a sergeant) or, in larger courts, a civilian lawyer employed as a non-sworn member of the police. In smaller courts, the police prosecutors will normally consist entirely of sworn officers, while in larger courts a combination of sworn and non-sworn prosecutors will be employed. [2]
The Chief Constable is public prosecutor in the first instance and thus responsible for the prosecution (investigation and prosecution, as well as conduct of criminal proceedings in the courts). The Chief Constable is also the chief of the local police. The Chief Constable is usually a trained lawyer, but there is no legal requirement for this. A Chief Prosecutor, a trained lawyer, assists the Chief Constable with the function as prosecutor. Subordinate prosecutor, all of whom are trained lawyers, assists the Chief Prosecutor. As public prosecutor the Chief Constable is subordinate to the State Attorneys and the Attorney General. [3]
Police prosecutors in Norway, who are trained lawyers, are uniformed, sworn police officers. They are leading police investigations in criminal cases; decides the issue of prosecution in criminal cases, including whether to prosecute, charge, issue a citation, or dismiss the case; they are also presenting the criminal cases in first instance. As prosecutors, the police prosecutors are part of the Norwegian Prosecuting Authority, and are subordinate to the State Attorneys. In Norway, it is argued that the integration of prosecution with the police, creates an organizational closeness between police investigators and public prosecutors which improves the quality of, and facilitates the decision-making process in, criminal investigations. [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, state 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 represents the people of the jurisdiction. With the exception of three states, district attorneys are elected, unlike similar roles in other common law jurisdictions.
In the United States, a special counsel is a lawyer appointed to investigate, and potentially prosecute, a particular case of suspected wrongdoing for which a conflict of interest exists for the usual prosecuting authority. Other jurisdictions have similar systems. For example, the investigation of an allegation against a sitting president or attorney general might be handled by a special prosecutor rather than by an ordinary prosecutor who would otherwise be in the position of investigating his or her own superior. Special prosecutors also have handled investigations into those connected to the government but not in a position of direct authority over the Justice Department's prosecutors, such as cabinet secretaries or election campaigns.
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.
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 judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
Crown prosecutors are the public prosecutors in the legal system of Australia. In Western Australia, they are referred to as State prosecutors.
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.
The Danish Prosecution Service is the Danish public entity who is responsible for the prosecution of criminal charges. It consists of the Director of Public Prosecutions (Rigsadvokaten), the regional prosecutors (Statsadvokaterne) and on the lowest level the chief police constables (Politimestrene).
The Prosecutions Division (刑事檢控科) of the Department of Justice, is the public prosecution office in Hong Kong led by the Director of Public Prosecutions. The Prosecutions Division is the largest in the department, with about 125 lawyers, known as 'Public Prosecutors', and about 115 lay prosecutors, known as 'Court Prosecutors'. The role of the Division is to prosecute trials and appeals on behalf of Hong Kong, to provide legal advice to law enforcement agencies upon their investigations, and generally to exercise on behalf of the Secretary for Justice the discretion of whether or not to bring criminal proceedings in Hong Kong. In addition, counsel in the Division provide advice and assistance to Government bureaux and departments in relation to any criminal law aspects of proposed legislation.
The Norwegian Police Service is the Norwegian national civilian police agency. The service dates to the 13th century when the first sheriffs were appointed, and the current structure established in 2003. It comprises a central National Police Directorate, seven specialty agencies and twelve police districts. The government agency is subordinate to the Ministry of Justice and Public Security and has 16,000 employees, of which 8,000 are police officers. In addition to police powers, the service is responsible for border control, certain civil duties, coordinating search and rescue operations, counterterrorism, highway patrolling, writ of execution, criminal investigation and prosecution. The directorate is led by National Police Commissioner Odd Reidar Humlegård.
Leanne Clare is a Judge of the District Court of Queensland and a former Queensland Director of Public Prosecutions (DPP). On 2 April 2008 she was appointed to the District Court after eight years as DPP. Between 1999 and 2000 she served as an acting judge at Ipswich District Court.
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.
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 judiciary of the Republic of Chile includes one Supreme Court, one Constitutional Court, 17 Courts of Appeal, 84 Oral Criminal Tribunals and Guarantee Judges; 7 Military Tribunals; over 300 Local Police Courts; and many other specialized Tribunals and courts in matter of family, labor, customs, taxes, electoral affairs, etc.
Oluwashijibomi "Shiji" Lapite was a 34-year-old Nigerian asylum seeker who died in the back of a police van shortly after being detained by two officers from Stoke Newington police station in London.
Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.
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).