Wednesday, July 24, 2019

Decision to Prosecute Essay Example | Topics and Well Written Essays - 5250 words

Decision to Prosecute - Essay Example This paper declares that in Hong Kong, in safeguarding the fundamental freedoms, the decision to prosecute plays a crucial role. If a decision is made for prosecuting an individual, the resources and the powers of the government are triggered off against the individual who has been charged with an offence. When contrasted with these accessible to the ordinary citizen, the resources can be formidable. Thus, the government attorney when he is contemplating to level allegations against an accused which has been vested in him by the authority can impact an ordinary citizen’s life significantly, and in case of that citizen, if levelled with charge, the court may interfere, and he may be finally freed by the court. This discussion explores that the police make an analysis and make a statement of the available proof and make a recommendation to the government attorney the offences if any committed by an accused. Based on the following two standards, the government formulates its verdict to book the accused namely if alleged, if there exists a rational chance of punishment and the government attorney has to find out whether it is in the public interest to prosecute a person or not. Thus, there should be enough proof to establish all the components of specific charge of criminal nature afar from realistic suspicion. In general, the courts in Hong Kong in criminal cases will look more into the proof gathered and decide whether the charge is established or not.2. As regards to the decision not to prosecute, it is alleged that Department of Justice is arrogating the role played by the court in making a decision not to prosecute. Under Hong Kong common law setup, there exists well described and separa te task earmarked to the court and the prosecuting authority. These functions are part and parcel of the constitutional setup for making sure that there exists a division of authorities in respect of prosecutions. In respect of an alleged offence, it is the prosecuting authority which makes a decision whether a person should or should not be prosecuted as regards to an alleged offence. However, some critics argue that it is the responsibility of the prosecution to initiate the court proceedings against indicted and the court

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