How crime flows through the Justice System
Crime classified & suspect charged
Incident is reviewed by Police to determine if it is a crime. If a crime, Police charge suspect (where possible) and issue:
- a Fixed Penalty Notice or Recorded Police Warning,
- a report to COPFS or
- decide on no further action.
Police report the case to COPFS
The accused will be:
1. Kept in custody - Case called the next court day.
2. Released on an Undertaking - Accused told when to appear and may have bail conditions.
3. At liberty - If prosecuted, the accused will receive a citation stating the charge and when to appear.
Report marked by COPFS
Prosecutor decides if accused is prosecuted:
1. No action - e.g. not enough evidence.
2. Direct Measure - An alternative to prosecution, e.g. Fiscal Fine or warning letter.
3. Summary prosecution - JP or Sheriff Court (no jury)
4. Solemn prosecution - Sheriff or High Court (with jury)
Case heard & court outcomes
If the accused is found guilty in court, or tendered a guilty plea, then they can be given:
- Custodial Sentence
- Community Sentence
- Monetary Penalty
- 'Other' disposal