Re:Private justice: How Hollywood money put a Brit behind bars
by admg on Friday August 17, 2012 @08:48AM
(#4396076)
I can't believe what I've just read. A civil case yeah why not but criminal charges and imprisonment from a private entity after the CPS have basically said its not worth it? Scary.
[ Parent
| on HN ]
Re:Private justice: How Hollywood money put a Brit behind bars
by _delirium on Friday August 17, 2012 @10:28AM
(#4396491)
English law has only partly transitioned to public prosecutions. Private prosecutions are still legally the norm, but CPS prosecuting a case is de-facto the norm, as they have the right to take over a private prosecution. In most cases, CPS either takes over a case and prosecutes it, or takes over a case and drops the charges (if evidence is wholly insufficient, or continuing prosecution is against public policy). But this leaves the awkward vestigial category: cases that CPS chooses neither to intervene to prosecute nor to intervene to drop, which can go forward at a private party's own expense.
(Note: Only true of English/Welsh law; Scots law makes it much harder to bring a private prosecution.)