Re: A question for John in UK

[john@xxxxxxxxxxxxxxxxxxxxx]

Kevin, re

> > A question really for anyone who has the answer.....
> > 
> > Who is it that actually makes the final decision to charge, or not to
> > charge. If I'm not mistaken (could easily be), here in the US it's the District
> > Attorney. In the UK? Is it the Police?

In the first instance, the Police are the 
people who will charge someone.

They must have sufficient evidence to 
show that the person they suspect has 
committed that offence.

Then, they must pass the case papers to 
what is I think the UK equivalent of the 
D.A,  known as the Crown Prosecution 
Service, who will take an independent 
look at the evidence and decide whether 
or not to proceed with a prosecution.

Their criteria are broadly 

is it in the public interest to proceed?

I think we know the nswer to that one;

is there a realistic chance of a conviction?

Crudely, they seem to apply a benchmark 
of is there more than a 50% chance of 
conviction. 

They are trying to second guess a jury I 
know, but I'm sure it occurs in the States, 
cost of trials comes into play.

If the police send any papers to them, and 
if they believe that yes, it's in the public 
interest to proceed, and yes, there is a 
realistic chance of conviction, then a trial 
will take place.

John