2. General principles
These are things that all prosecutors should do to make sure there is fairness and justice for people who do crimes and their victims.
Being fair
It is a very serious thing to prosecute someone.
Fair prosecution is very important for law, order and justice.
Prosecutors must make sure the right people are prosecuted for the right crimes.
It is the job of prosecutors to look at cases and decide whether to prosecute or not.
To do this, prosecutors must:
- make sure they follow the law;
- make sure all the evidence is given to the court;
- follow all the rules if someone says they are guilty and it gets sorted out without going to court. This is called an 'out-of-court disposal'.
Each case must be looked at by itself but prosecutors must follow these general principles for all cases.
Being independent
Prosecutors must be fair and independent. They must look at all the facts.
Prosecutors must not let their personal views get in the way of their decisions. This includes their personal views about things to do with the suspect, victim or witness based on:
- ethnic or national origin
- gender
- disability
- age
- religion or belief
- political views
- sexual orientation
- gender identity.
Prosecutors must not let themselves be pressured by anyone to make a particular decision about a case.
Prosecutors must always do what is best for justice. It is not just about winning the case.
Following Equality and Human Rights law
Prosecutors must follow equality duties set out in law.
These are things written in law that have to be done to make things fair and equal for everyone.
Prosecutors must follow the Human Rights Act 1998 and the European Convention on Human Rights.
Difficult words
- Equality Duties
These are things written in law that the Crown Prosecution Service has to do to make things fair and equal for its workers and the people who use its services.- Ethnic or National Origin
Your ethnic or national origin says where you were born and where your family are from. People also have a race or ethnic identity, which says which communities, cultures and/or countries they feel are part of who they are. This might be the same or different from where they were born.- Gender/ Gender Identity
Gender is about whether you feel you are a woman or a man. This is called your 'gender identity'. Some people's gender identity does not match their body. Some people choose to take action to change their body and their gender identity. There is a range of action people can take. This is called being transgendered.- Guilty/ Guilty Plea/ Guilty Verdict
Someone is guilty if they do a crime. Sometimes people say they did the crime - this is called a 'confession'. If they say this in court it is called a 'guilty plea'. If a jury or a magistrate finds the defendant guilty in court, this is called a 'guilty verdict'.- Out-Of-Court Disposal
An out-of-court disposal is when someone admits that they did the crime but their case does not go to court. Instead they are given a 'caution' or something similar.- Prosecutor
- The prosecutor is a professional person with legal training. Their job is to charge people suspected of doing crimes and make sure the criminal justice system deals with them in the right way. Some prosecutors work for the Crown Prosecution Service.
- Sexual Orientation
Sexual orientation is about who you are attracted to. Being lesbian, gay, bisexual or heterosexual is called your 'sexuality' or your 'sexual orientation'.
Lesbian means a woman who is attracted to other women.
Gay means a man who is attracted to other men.
Bisexual means a man or a woman who is attracted to both men and women.
Heterosexual means a woman who is attracted to a man or a man who is attracted to a woman.
