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Criminal Procedure
1. Criminal procedure, also called the criminal process, is the mechanism through which crimes are investigated, the guilt of criminals adjudicated, and punishment imposed. Criminal procedure makes the criminal law work. Criminal law defines what conduct is criminal and prescribes the punishment for criminal conduct. Criminal procedure aims to make sure that criminal sanctions are applied only to those who are guilty, and only through procedures that are recognized as fair. One goal of the criminal process is to punish the guilty, but other goals are to protect the innocent and to ensure that even the guilty are protected from abuse by the government.
2. The stages in criminal procedure are investigating, prosecuting, trying, deciding guilt, sentencing and carrying out the sentence. Different bodies can be given one of these jobs. For example, the police can be in charge of investigating the crime; a prosecution service of prosecuting; the judges of presiding over the trial; a jury of deciding whether to convict; an appeal court of settling whether the trial was fair; a prison service of carrying out the sentence if the suspect is convicted and sentenced to prison.
3. No one authority (police, prosecution, judge, jury, prison service) should have too much power. State powers should be sliced up, and the slices should be able to keep a check on one another. The police will not be able to prosecute unless they can persuade the prosecution service that there is a strong case. The judge will if necessary rule at the trial that the prosecution has not produced enough evidence. If the jury think the judge has shown bias during the trial they will probably acquit the suspect even though they might otherwise convicted him. If the suspect is convicted but thinks the procedure has been unfair he can persuade the government to advise the head of state to pardon him.
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A response pack contains a form of admission, a form of defence, an acknowledgement of service form to confirm receipt of the claim, and a counterclaim form.
It is known that more complex claims with a greater value are allocated to a multi track regime which is intended to be flexible and does not have a standard procedure.
The defendant can get а time extension for filing a reply on defence by using the part of the acknowledgement of service form which states an intention to defend the claim.
Claims are initiated by a claim form which should be responded by the defendant within fourteen days and is committed to a particular track according to its monetary value.
