Category: Prosecution

Aggravating
Posted in Blog Prosecution

Factors to Consider When Sentencing

(a) Aggravating Factors Aggravating factors are factors that the court takes into account in order to increase the severity of punishment. Prosecutors can offer evidence…

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Sentencing Principles
Posted in Blog Prosecution

Sentencing Principles

Sentencing principles are the rationales supporting the imposition of penalties and form the basis of sentencing decisions. These principles include: (a) Parsimony This principle dictates…

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Types of Punishment
Posted in Law Enforcement Prosecution

Types of Punishment

Types of punishment that may be imposed include capital punishment, imprisonment, judicial corporal punishment, fines, compensation, forfeiture and confiscation, costs, security to keep the peace, security for good behaviour, suspended sentences, discharges, probation, community service and revocation of rights.

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Sentencing regimes
Posted in Law Prosecution

Sentencing Regimes; Theories of Punishment

A sentence is a decree of punishment. Sentencing frameworks range from highly prescriptive systems that afford judicial officers very little discretion to systems that allow them to exercise wide discretion.

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Bail and Bond Regimes
Posted in Blog Law Enforcement Prosecution

Conditions for Bail

Introduction Courts have discretionary powers when granting or refusing bail.  They may impose conditions on the accused person in addition to the bail amount. Such…

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Bail and Bond Regimes
Posted in Blog Law Enforcement Prosecution

Bail and Bond Regimes

Bail is an agreement between court and the accused person for his/her temporary release from custody pending trial. The accused person is required to make a deposit of either cash or assets as security to attend trial. If the accused person fails to attend court, the bail can be forfeited and the accused person returned to custody.

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Posted in Blog Prosecution

Motions and Special Applications

Pre-Trial Motions During an investigation or before the trial commences, the prosecutor may make several applications or motions in court.  The defense may also make…

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Case Preparation
Posted in Blog Prosecution

Case Preparation

Review the Charges In preparing for a case, the prosecutor must ensure that he reviews the charges.  He should confirm that he has drafted the…

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Power to Prosecute
Posted in Blog Prosecution

Power and Decision to Prosecute

Power to Prosecute The power to prosecute is usually defined by statute and in some cases, the Constitution of the country. The law usually defines…

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Posted in Blog Prosecution

Prosecutors’ Duty to Key Stakeholders

Introduction Prosecutors do not operate in a vacuum. They relate to different groups of stakeholders on a day to day basis. Stakeholders are those individuals…

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