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… ‘In your experience have you encountered disclosure of evidence failings within the last 12 months?’ This question … to make a crucial distinction between the provision of evidence on the one hand and the disclosure of unused … matters with very different legal tests attached. All evidence on which the prosecution intends to rely must be …
… . Support victims and witnesses to give their best evidence. Invite courts to increase the sentence for offences … credibility or competence of a victim or witness to give evidence based on their age or age-related vulnerability. … physical or mental health and well-being. If there is evidence that a prosecution is likely to have such an adverse …
… Prosecution Withdrawal of Proceedings Offering No Evidence Magistrates' court Crown Court Leaving an Indictment … Terminating cases Annex B: Template Letter for Offering No Evidence in the Crown Court by post Principle The … terminating the proceedings is the insufficiency of the evidence provided to the CPS at that date, this must be made …
… as specific racist or religious crimes, or where evidence of such hostility can be put before a court when it … the victim and facilitate a proactive investigation of the evidence. The CPS uses definitions agreed with the National … sentencing in court the police need to provide sufficient evidence to prove the hostility element, however this is not …
… ensure that the law is properly applied, that relevant evidence is put before the court and that obligations of … section 4). Although prosecutors primarily consider the evidence and information supplied by the police and other … suspect or those acting on their behalf may also submit evidence or information to the prosecutor, before or after …
… on an objective appraisal of the case that some evidence supporting a prosecution has not been considered … decision-makers to refer specifically to all the available evidence. An overall evaluation of the strength of a case falls to be made on the evidence as a whole, applying prosecutorial experience and …
… the victim and facilitate a proactive investigation of the evidence. The CPS uses definitions agreed with the National … sentencing in court the police need to provide sufficient evidence to prove the hostility element, however this is not … CPS policy to remove a flag in the absence of sufficient evidence to support a sentence uplift. This in part reflects …
… Prosecutors should have the ABE guidance (‘ Achieving Best Evidence ’ which provides detailed recommended procedure for … by virtue of section 16 of the Youth Justice and Criminal Evidence Act 1999 . Prosecutors will need to consider in … where the child is a victim or a witness Achieving Best Evidence (ABE) 'Achieving Best Evidence in Criminal …
… Appeal; where a conviction founded on the basis of expert evidence has been overturned; and any other source including … witness is called into question and that expert has given evidence in previous cases, resulting in a conviction: … Guidance on further disclosure Where an expert has given evidence in cases that resulted in a conviction, and the …
… meant that straightforward and non-controversial evidence could not be agreed as would usually happen when a … represented. This meant that some witnesses had to give evidence to the jury and have statements read out in full … intended to kill the victim. In this case we presented evidence of the lengths Brooks had gone to in ensuring his …