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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Where can I find a list of discretions available to the prosecution

Resolved Question:

Where can I find a list of discretions available to the prosecution in a criminal trial in a crown court of England and wales
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

I would like a list of all discretions or a reference source . which provides me with a list or guidance on what decision the prosecution can make unilaterally during a criminal trial. issues such as bad charcter, screens, joinder, severance etc what have they got sole power and discretions on.

Expert:  Jo C. replied 2 years ago.
I'm really sorry but I am afraid that is an enormous question that is beyond the remit of a question and answer site.
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

I would suggest purchasing the book called Archold. This give all the Court rules, case law and commentary. This is a lawyers handbook and although very expensive it will give you all what you need.

Please see: http://www.sweetandmaxwell.co.uk/Archbold/

Can I clarify anything for you about this today please?

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 2 years ago.

I would like to know:


 


does the prosecution have the discretion on whether or not to join co-defendants in one indictment.


 


I cannot find any law, case law or legislation which supports the view that they do.


 


I thought that if the prosecution do not want to join codefednats together, but the codefendants want to be tried together then it is ultimately up to the judge not the prosecution.


 


thanks

Expert:  Ash replied 2 years ago.
1. Yes

It is a matter for the prosecution. The prosecution bring the case, they need to prove it.

Therefore it is a matter for Pros how they run a case.

Does that clarify?

Alex

Customer: replied 2 years ago.

Surely.....if people are meant to have conspired together then the prosecution must have a duty to run the case in the interests of justice and fairly and the starting point must be joinder of co-conpirators. and surely a bad prosecution decision must be subject to review in the court of appeal.


 


what legislation or case law do you have to support your view

Expert:  Ash replied 2 years ago.
Its a matter of discretion.

If you want legislation/case law might I suggest you purchase the book Archbold - this gives detailed guidance on Crown and High Court matters.

http://www.sweetandmaxwell.co.uk/Archbold/

Sadly your original question did not ask for case law and the fee you pay is very low so allow me in depth research.

But this book is a great resource and is used by all criminal Barristers

Can I clarify anything for you about this today please?

Alex

Customer: replied 2 years ago.

im afraid i have already consulted archbold and other journals, and there is no evidence to support that it is a matter of discretion for the prosecution.


 


I would love to know where you are saying that it is a matter of discretion. you do not have any legislation or case law to support this argument.


 


In fact all the arguments support the view that that there is a presumption of joint trials

Expert:  Ash replied 2 years ago.
A presumption - a presumption can always be rebutted. That is a matter of law.

Alex
Customer: replied 2 years ago.

I accept your answer. but i need some supporting evidence to say that you are right when you say it is there discretion. on what basis are you saying they have this discretion

Expert:  Ash replied 2 years ago.
Indeed, but as I have indicated the fee you have paid is for a low detail, low urgent answer and case law sadly was not asked for in the original question.

It would take me probably an hour to get the detailed information you need which is outside the remit of this site. This is a question and answer site and sadly not used for research/case law.

I am sorry.

Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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