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by _delirium
5051 days ago
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English law has only partly transitioned to public prosecutions. Private prosecutions are still legally the norm, but CPS prosecuting a case is de-facto the norm, as they have the right to take over a private prosecution. In most cases, CPS either takes over a case and prosecutes it, or takes over a case and drops the charges (if evidence is wholly insufficient, or continuing prosecution is against public policy). But this leaves the awkward vestigial category: cases that CPS chooses neither to intervene to prosecute nor to intervene to drop, which can go forward at a private party's own expense. (Note: Only true of English/Welsh law; Scots law makes it much harder to bring a private prosecution.) |
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