The Public Prosecution Service of Canada ( PPSC ) is a national, independent and accountable prosecuting authority whose main objective is to prosecute federal offences and provides legal advice and assistance to law enforcement.
What are prosecutors in Canada called?
1.1 Canadian Prosecution Services are a key component of the Canadian criminal justice system. The purpose of Canadian Prosecutors, known as Crown Counsel or Crown Attorneys, is to contribute to the protection of society by preparing and conducting prosecutions diligently, objectively and fairly.
Who is responsible for the prosecution of Offences?
Prosecutors are government lawyers who prosecute criminal cases. To prosecute means to lay a charge in a criminal matter and to prepare and conduct legal proceedings against a person charged with a crime.
What does the PPSC prosecute?
The PPSC is responsible for prosecuting all Criminal Code offences in the territories. In the provinces, the PPSC has jurisdiction to prosecute a limited number of Criminal Code offences, including those related to terrorism, criminal organizations, money laundering, proceeds of crime, and fraud.
How are prosecutors chosen in Canada?
They are appointed and assigned to cases by the Criminal Justice Branch of the Ministry of Attorney General. The Public Prosecution Service of Canada (the federal Crown) prosecutes cases involving federal offences such as drug violations.
Are prosecutors different from lawyers?
Although both lawyers and prosecutors are lawyers, there is still a contrast when referring to a lawyer or a prosecutor. A lawyer in a case typically refers to a criminal defense lawyer. He represents the defendant. The prosecutor, on the other hand, refers to the lawyer representing the state or the government.
Is prosecutor higher than lawyer?
The role of a lawyer is to represent clients in court. They often work in law firms or private practices, handling cases from beginning to end. A prosecutor is an attorney employed by the Government and prosecutes people accused of breaking the law.
Who has jurisdiction over criminal law in Canada?
The criminal law of Canada is under the exclusive legislative jurisdiction of the Parliament of Canada. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867.
Who has control over prosecution of criminal cases?
the prosecutor
Section 5. Who must prosecute criminal actions. — All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor.
Who decides to prosecute?
A decision to bring a prosecution against a person, more than one person, or in some cases, a company, is usually made by a public agency responsible for prosecuting criminal cases that have been investigated by the police.
Who does the DPP prosecute?
The DPP prosecutes cases on behalf of the people of Ireland, not for any one person. However, the DPP will always take into account the consequences for the victim of deciding whether or not to prosecute. The DPP will also consider the views of the victim or the victim’s family.
Does the DPP prosecute all criminal cases across the country?
The DPP acts independently when deciding whether to prosecute. This means that no other person, or body, including the Government, can tell the DPP whether or not to prosecute a case. If the DPP decides not to prosecute, reasons will be provided only to the Gardaí who investigated the case.
How does the DPP decide to prosecute?
How does the DPP reach a decision to prosecute? When the Gardaí complete their investigation, they send a file to the DPP. The prosecutor must read the file carefully and decide whether there is enough evidence to put before the court.
Does Canada have special prosecutors?
Special prosecutors are appointed from a list of senior and experienced lawyers in private practice. Appointments are reviewed every five years. The review includes asking the Law Society to conduct searches of its records to determine the standing of lawyers who are proposed as special prosecutors.
Which is higher judge or prosecutor?
Although the prosecutor makes a recommendation, the Judge holds the ultimate power.
What is the difference between judge and prosecutor?
While the judge is entrusted with decision-making power, and he/she cannot initiate judicial process, the prosecutor’s primary function is to initiate and conduct criminal action, to act as a party in judicial proceedings and, in many countries, to supervise and direct the police during the investigative phase.
Why are prosecutors more powerful than judges?
Because punishment for a crime is largely determined by the sentence that lawmakers have established in the criminal code, the prosecutor often has more power over how much punishment someone convicted of a crime receives than the judge who does the actual sentencing.
Do I need a lawyer and a prosecutor?
If I’m Facing Charges, Do I Hire A Prosecutor? No, if you are currently facing criminal charges, you need to retain a criminal defence lawyer. As mentioned above, prosecutors defend the community or the victim in the case of private prosecutors.
Why do prosecutors sometimes choose not to prosecute criminal cases?
Prosecutors are supposed to both enforce the law and “do justice.” Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.
Who has the most power in a courtroom?
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
Why is the prosecutor so powerful?
They have the power to divert people from incarceration – or not. They have the power to offer a plea bargain – or not. Charging decisions and plea bargain offers are made at the sole discretion of prosecutors. Some prosecutors seek a longer sentence if a defendant takes a case to trial instead of pleading guilty.