QUOTE (notmeatloaf @ Mon, 11 Oct 2021 - 23:36)
QUOTE (TryOut @ Mon, 11 Oct 2021 - 14:03)
How do you work that out? The CPS often discontinue cases that "...are not in the public interest..." and a cost implication will have been considered. While the pockets may be deeper, they are not infinite.
I figure your online demeanor is after a battle has been lost perhaps.
I don't really see why "public interest" comes into costs. AFAIK there are no cases that have been dropped due to CPS costs being too high.
It does happen and the Code for Crown Prosecutors says as much. If it's going to cost a million quid to obtain a conviction for a summary offence, the CPS would just let it go. In the grand scheme of things costs should be a minor consideration, as you don't want criminals to get away with it.
QUOTE (notmeatloaf @ Mon, 11 Oct 2021 - 23:36)
With non-adversarial justice systems the ability for the prosecution to overwhelm the defence doesn't exist, because the judge decides on the award of costs based on the case. If you spend a disproportionate amount on expert witnesses, you don't recover the cost.
The same is true with our system? The court has to take into account all the circumstances of the case, as well as proportionality, and costs are literally the last thing after fines, compensation to victims, victim surcharge and so on. I've seen a case where the prosecution wanted around £1,100 for what eventually turned into a guilty plea, the magistrates said that given all the circumstances of the case they could have £100. The court's powers and discretion around costs have nothing to do with it being adversarial vs inquisitorial.
QUOTE (notmeatloaf @ Mon, 11 Oct 2021 - 23:36)
QUOTE (cp8759 @ Mon, 11 Oct 2021 - 17:16)
Do you have any evidence of such "partnerships"?
Loads of information a quick Google away. Essentially the clerks are part of an organisation that is in partnership (and receives funds from) the police.
Magistrates are supposedly independent and wholly rely on legal advice from the clerk.
The safety camera partnerships don't exist any more? Clerks are paid by the Ministry of Justice.
QUOTE (notmeatloaf @ Mon, 11 Oct 2021 - 23:36)
Still, the attitude of many magistrates courts clerks makes it obvious they don't see themselves as a pseudo-prosecutor. If you're naïve.
If you have complex points of law to argue (i.e. if for example you're not happy with the advice given to the magistrates by the clerk), you draw this to the court's attention at the earliest opportunity and ask that the case be allocated to a district judge.