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Prosecutor
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==== Types of prosecutor ==== The primary prosecutor in the jurisdiction is the [[Crown Prosecution Service]] (CPS), which is led by the [[Director of Public Prosecutions (England and Wales)|Director of Public Prosecutions]] (DPP). The CPS prosecutes on behalf of the Crown and also takes forward prosecutions originating from police investigations.<ref name=":1">{{Cite web |title=Relations with other prosecuting agencies {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/legal-guidance/relations-other-prosecuting-agencies |access-date=15 June 2022 |website=www.cps.gov.uk |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615135943/https://www.cps.gov.uk/legal-guidance/relations-other-prosecuting-agencies |url-status=live }} [[File:UKOpenGovernmentLicence.svg|30px]] Text was copied from this source, which is available under an [http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ Open Government Licence v3.0] {{Webarchive|url=https://web.archive.org/web/20170628175632/https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ |date=28 June 2017 }}. Β© Crown copyright.</ref> While the DPP must be a suitably qualified lawyer under section 71 of the [[Courts and Legal Services Act 1990]],<ref>{{Cite web | title=Courts and Legal Services Act 1990 | url=https://www.legislation.gov.uk/ukpga/1990/41/section/71 | archive-url=https://web.archive.org/web/20100821083008/http://www.legislation.gov.uk:80/ukpga/1990/41/section/71 | access-date=2025-04-06 | archive-date=2010-08-21}}</ref><ref>{{Cite web |title=s2 PoA 1985 |url=https://www.legislation.gov.uk/ukpga/1985/23/section/2 |access-date=15 June 2022 |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615143335/https://www.legislation.gov.uk/ukpga/1985/23/section/2 |url-status=live }}</ref> the DPP does not take on cases themselves and instead plays an administrative and leadership role. In this way, while the DPP may be referred to as a prosecutor, the individual in the role would not take any cases to court. The DPP is appointed by His Majesty's [[Attorney General for England and Wales]], and the Attorney General also has supervisory authority as the sponsor of the CPS; however, the CPS is an independent body and the Attorney General cannot direct particular prosecutions.<ref>{{Cite web |title=Our governance |url=https://www.gov.uk/government/organisations/attorney-generals-office/about/our-governance |access-date=15 June 2022 |website=GOV.UK |language=en |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615135943/https://www.gov.uk/government/organisations/attorney-generals-office/about/our-governance |url-status=live }}</ref><ref>{{Cite web |title=[Withdrawn] Protocol between the Attorney General and prosecuting departments |url=https://www.gov.uk/government/publications/protocol-between-the-attorney-general-and-prosecuting-departments |access-date=15 June 2022 |website=GOV.UK |date=14 August 2019 |language=en |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615135944/https://www.gov.uk/government/publications/protocol-between-the-attorney-general-and-prosecuting-departments |url-status=live }}</ref> Unlike in the United States and other jurisdictions, the Attorney General is not a prosecutor in England and Wales. Instead, the role is a political office of the chief legal advisor to the [[Executive (government)|executive]].<ref>{{Cite web |title=Attorney General - GOV.UK |url=https://www.gov.uk/government/ministers/attorney-general |access-date=15 June 2022 |website=www.gov.uk |language=en |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615135945/https://www.gov.uk/government/ministers/attorney-general |url-status=live }}</ref> Crown Prosecutors are lawyers who work for the CPS. They are responsible for researching, advising police investigations, preparing cases for trial and sometimes presenting the case at trial.<ref>{{Cite web |title=About CPS {{!}} The Crown Prosecution Service |url=https://www.cps.gov.uk/about-cps |access-date=15 June 2022 |website=www.cps.gov.uk |archive-date=12 June 2022 |archive-url=https://web.archive.org/web/20220612194346/https://www.cps.gov.uk/about-cps |url-status=live }}</ref> These lawyers may also be referred to as prosecutors. A number of other bodies have authority to bring prosecutions in England and Wales, including the [[Serious Fraud Office (United Kingdom)|Serious Fraud Office]] (SFO),<ref>{{Cite web |title=About us |url=https://www.sfo.gov.uk/about-us/ |access-date=15 June 2022 |website=Serious Fraud Office |language=en |archive-date=22 May 2022 |archive-url=https://web.archive.org/web/20220522114524/https://www.sfo.gov.uk/about-us/ |url-status=live }}</ref> [[Service Prosecuting Authority]] (SPA),<ref>{{Cite web |title=Service Prosecuting Authority |url=https://www.gov.uk/guidance/service-prosecuting-authority |access-date=15 June 2022 |website=GOV.UK |language=en |archive-date=15 June 2022 |archive-url=https://web.archive.org/web/20220615140707/https://www.gov.uk/guidance/service-prosecuting-authority |url-status=live }}</ref> and [[Financial Conduct Authority]] (FCA).<ref name=":2">{{Cite web |title=FCA Prosecution Handbook |url=https://www.handbook.fca.org.uk/handbook/EG/12.pdf |access-date=15 June 2022 |archive-date=27 July 2022 |archive-url=https://web.archive.org/web/20220727042859/https://www.handbook.fca.org.uk/handbook/EG/12.pdf |url-status=live }}</ref> These organisations and their legal representatives may be called prosecutors. This is the same for any person, organisation, or their representatives during a [[private prosecution]]. Finally, when cases are brought to trial, a [[Barristers in England and Wales|barrister]] or [[solicitor]] with [[Solicitor advocate|higher rights of audience]] may present the case before a [[Magistrate (England and Wales)|magistrate]] or a [[Judiciary of England and Wales|judge]] (with or without a [[Juries in England and Wales|jury]]). In these instances, referring to the prosecutor would refer to the lawyer conducting the case during trial. In most serious offences, the CPS or other prosecuting authority will instruct a barrister to represent them. In the most serious cases, this may be a [[King's Counsel]], and barristers may work in teams with a leader directing juniors. Unlike in the United States, these prosecuting barristers will work on a case-by-case basis, and so may also engage in defence work; they will not be employed solely to undertake prosecution advocacy.
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