Who makes the final decision whether to prosecute a case or not?

In a trial, the judge — the impartial person in charge of the trial — decides what evidence can be shown to the jury. A judge is similar to a referee in a game, they are not there to play for one side or the other but to make sure the entire process is played fairly.

Is it in the public interest to prosecute?

Although the usual process is for prosecutors to consider (Stage 1) the sufficiency of the evidence and then (Stage 2) the public interest, the Code does accept that ‘there will be cases where it is clear, prior to reviewing all the evidence, that the public interest does not require a prosecution.

Can a solicitor get charges dropped?

But charges can be dropped any time before the trial or up until the point where the prosecution is done with presenting their side of the case. If charges are dropped after the trial begins, the prosecution must request the court to allow the charges to be dropped, and the court may or may not give their consent.

Which is the best definition of the word prosecute?

transitive verb. 1 : to follow to the end : pursue until finished prosecute a war. 2 : to engage in : perform. 3a : to bring legal action against for redress or punishment of a crime or violation of law. b : to institute legal proceedings with reference to prosecute a claim.

What happens if I don’t want to prosecute?

The crime, if you will, is a crime against the State of North Carolina even though it involves an individual. They are charged with the duty and the responsibility of going through cases and seeing which ones they think are prudent for prosecution or not. There’s a fair amount of discretion here, frankly, as it should be.

Can a state choose not to prosecute a case?

Not really. Can the State choose not to prosecute? Yes, in large measure it’s their decision – Bill Powers Prosecutors sometimes consider and weigh these case facts before deciding to prosecute an individual: What happens if I don’t want to prosecute? If playback doesn’t begin shortly, try restarting your device.

Can a private prosecutor take over a criminal case?

Some legal systems do make space for private prosecutions. But such prosecutions can be discontinued or taken over by state officials (and their delegates). Those officials (and delegates) can also continue proceedings in the face of private opposition, even when the opposition comes from those wronged by D.

Why did the Prosecutor decide not to file charges?

For that reason, the prosecutor might decide not to file charges. The victim asks that no charges be brought. Charging decisions are for prosecutors, not victims. However, if victims ask prosecutors not to bring charges and make it perfectly clear that they will not cooperate, prosecutors often won’t file charges.