The Government of England (Vol. I)Lowell, A. Lawrence (Abbott Lawrence)
History
The Government of England (Vol. I)
Lowell, A. Lawrence (Abbott Lawrence)
Great Britain -- Politics and government
It has been observed that the Law Officers of the Crown conduct in
person only a few criminal cases of unusual importance. In other
countries the prosecution of offenders is the affair of the state, and
is conducted in all the courts great and small by public officers. This
is true in Scotland also, where the matter is in the hands of a body of
officers, known as procurators fiscal, with the Lord Advocate at their
head; and even in Ireland a similar system has developed informally by
the employment of crown counsel acting under the control of the Attorney
General for that kingdom. But in England criminal prosecutions in the
vast majority of cases are still, in theory at least, conducted by
private persons.[134:1] Any one, whether a person injured or not, may
prosecute the offender.[134:2] As a rule the examining magistrate, after
committing the accused for trial, binds some one over to
prosecute--either the complainant, the person injured, a policeman, the
magistrate's own clerk, or a solicitor employed for the purpose. The
case is usually conducted by the solicitor to the local magistrate, but
the person bound over may employ his own counsel to take charge of it.
The costs of the trial are, however, at the present day, allowed by the
court, and paid out of the national treasury, under regulations made by
the Home Secretary.
[Sidenote: The Director of Public Prosecutions.]
It has always been the habit for the Attorney General to conduct great
state trials, cases, for example, of high treason; and it gradually came
to be the practice for the legal officers attached to the different
departments to prosecute in certain other cases, such as offences
against the coinage. But about the middle of the last century there
arose a demand for a general system of state prosecutions under the
charge of a ministry of justice.[134:3] This movement culminated, or
evaporated, in the Acts of 1879 and 1884,[134:4] whereby the Solicitor
to the Treasury, who is the permanent legal adviser of that department,
and is also charged with a number of other duties of a legal nature, has
been made the Director of Public Prosecutions. The regulations governing
his actions in this capacity are made by the Attorney General with the
approval of the Lord Chancellor and the Home Secretary. They provide in
substance[134:5] that he shall prosecute in all capital cases, in
offences against the coinage, cases of fraudulent bankruptcy, cases
where he is directed to do so by the Attorney General or the Home
Secretary, and cases where such action appears to him necessary in the
public interest. He may employ counsel to conduct both the cases that he
brings, and any other criminal proceedings before the high courts where
no counsel has been retained; and he may also assist a private
prosecutor by authorising special expenses for evidence or counsel. It
is his duty to give advice to the clerks of justices of the peace, and
Public-domain text, read in full here on John Shaqi.
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