Prosecution, Bail and Trial Venue

Abstract

In this chapter we examine the pre-trial decisions concerning prosecution, bail and trial venue. Whilst the police retain the power to charge a suspect, this decision is reviewed by the prosecutor, who bears ultimate responsibility for the decision to prosecute. The legal scrutiny of the police case is an essential safeguard, designed to ensure that weak cases are not proceeded with, thus protecting defendants (such as those who have been the victims of miscarriages of justice) against whom there is insufficient evidence. However, central to our understanding of the role of the CPS in the prosecution process (including decisions as to the disclosure of material) is the police-prosecutor relationship.