NCJ Number
61359
Date Published
1978
Length
178 pages
Annotation
QUALITATIVE DESCRIPTIONS AND RECOMMENDATIONS CONCERNING THE CURRENT BRITISH SYSTEM FOR PROSECUTION, PREPARATION FOR THE TRIAL, AND TRIAL PROCEDURES ARE DETAILED BY THE LONDON COMMISSIONER OF POLICE.
Abstract
THIS VOLUME IS THE SECOND PART OF WRITTEN EVIDENCE PRESENTED BY THE COMMISSIONER TO THE ROYAL COMMISSION ON CRIMINAL PROCEDURE. IN GENERAL, THE PRESENT SYSTEM MAINTAINS A BALANCE BETWEEN THE NEED TO BRING OFFENDERS TO JUSTICE AND THE RIGHTS AND LIBERTIES OF INDIVIDUAL CITIZENS. IN MOST OF THE AREAS EXAMINED, THEREFORE, THE STATUS QUO SHOULD BE MAINTAINED; IN OTHERS, MINOR MODIFICATIONS ARE NEEDED. CURRENT CRITERIA USED FOR PROSECUTION ARE ADEQUATE AND SHOULD NOT BE CHANGED. THE SYSTEM USED BY THE LONDON METROPOLITAN POLICE DISTRICT EXEMPLIFIES A DESIRABLE ALLOCATION OF RESPONSIBILITY FOR CONDUCTING THE PROSECUTION. THE GROWING WORKLOAD OF THE METROPOLITAN POLICE SOLICITORS DEPARTMENT MAKES FUTURE DEPARTMENT EXPANSION NECESSARY, BUT IT IS DIFFICULT TO ATTRACT QUALIFIED PEOPLE TO PUBLIC SERVICE. THE ROLES OF THE ATTORNEY GENERAL AND THE DIRECTOR OF PUBLIC PROSECUTIONS SHOULD REMAIN UNCHANGED. THE RIGHT OF PRIVATE PROSECUTION SHOULD ALSO BE RETAINED, SUBJECT TO EXISTING RESTRICTIONS. PROCEDURES FOR TRIAL PREPARATION SHOULD STAY THE SAME EXCEPT FOR SUCH MATTERS AS THE NEED TO NOTIFY THE PROSECUTION OF PLANNED DEFENSES AND OF EVIDENCE THE DEFENSE WILL NOT DISPUTE. WITH RESPECT TO TRIAL PROCEDURE, SEVERAL CHANGES REGARDING ADMISSIBILITY OF EVIDENCE AND RIGHTS OF THE ACCUSED ARE RECOMMENDED. OVERALL, THE PRESENT SYSTEM WORKS WELL, WITH MOST MISTAKES IN CRIMINAL COURTS RESULTING FROM ADMINISTRATIVE INCOMPETENCE RATHER THAN FROM THE SYSTEM ITSELF. (CFW)