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Prosecutor - Law Dictionary Search Results

Home Dictionary Name: prosecutor

Public prosecutor

Public prosecutor, means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under s. 28 and includes any person acting under the directions of the Public Prosecutor. [Prevention of Terrorism Act, 2002 (15 of 2002), s. 2(1)(e)]Means any person appointed under s. 24, and includes any person acting under the directions of a Public Prosecutor. [ Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (u)]The 'Public Prosecutor' is the counsel for the government for conducting prosecution on behalf of the State Government or the Central Govern-ment as the case may be. He is an officer and like every advocate practicing before court, he owes an obligation to the court to be fair and just, Sheonandan Paswan v. State of Bihar, AIR 1987 SC 877: (1987) 1 SCC 288: (1987) 1 SCR 702.The King, in whose name criminal are prosecuted, because all offences are said to be against the King's peace, his Crown and dignity. By the (English) Prosecution of Offences Act,...


special prosecutor

special prosecutor : a prosecutor appointed to prosecute particular cases that the regular prosecutor is unable or unqualified to prosecute or for other reasons does not prosecute see also independent counsel ...


prosecutor

prosecutor 1 : a person who institutes a prosecution (as by making an affidavit or complaint charging the defendant) 2 : a government attorney who presents the state's case against the defendant in a criminal prosecution ...


Advocate, Lord

Advocate, Lord, the principal Crown Lawyer in Scotland, and one of the great Officers of State of Scotland. It is his duty to act as public prosecutor; but private individuals injured may prosecute upon obtaining his concurrence. He is assisted by a Solicitor-General and four junior counsel, termed advocates-depute. He has the power of appearing as public prosecutor in any Court in Scotland where any person can be tried for an offence, or in any action where the Crown is interested, but it is not usual for him to act in the inferior Courts, which have their respective public prosecutors, called procurators-fiscal, acting under his instructions. He does not, in prosecuting for offences, require the intervention of a grand jury, except in prosecutions for treason, which are conducted according to the English method. Until the creation of the office of Secretary for Scotland the Lord Advocate was virtually Secretary of State for Scotland. Consult Omond's Lord Advocates of Scotland....


Certiorari

Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...


Conduct

Conduct, means a person if (a) he is alleged to be unlawfully at large after conviction by a court in a category/territory of an offence constituted by the conduct, and (b) he has been sentenced for the offence, Office of the King's Prosecutor, Brussels v. Cando Armas [HL(E)] Lord Bingham of Cornhill [Extradition Act, 2003 (C 41), s. 65(1) (UK)]Means complained of or relied on in the warrant, Office of the King's Prosecutor, Brussels v. Cando Armas [HL(E)) (2005) 3 WLR 1079 [Extradition Act, 2003 (C 41), s. 65 (UK)]Conduct, is all the conduct, King's Prosecutor, Brussels v. Cando Armas (DC) (2005) 1 WLR 1389 [Extradition Act, 2003 (C 41), s. 65(3) (UK)]...


Prosecuting officer

Prosecuting officer, means a person, by whatever name called, appointed to perform the functions of a public prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code. [Code of Criminal Procedure, 1973 (2 of 1974), s. 24(6) (Exp-b) (prev.)]...


comment

comment 1 often cap a : an essay analyzing, criticizing, or explaining a subject [a published in the Yale Law Review] b : an explanatory remark appended to a section of text (as of enacted code) 2 : an expression of an opinion or attitude about something: as a : a remark to a jury by a judge or prosecutor about evidence NOTE: A prosecutor may not remark to the jury that a defendant's failure to testify implies guilt, and a judge may not remark to the jury his or her opinion about what the evidence does or does not prove. b : a written expression of opinion or information solicited by an agency about a subject of its rulemaking see also informal rulemaking ...


vouching

vouching : an impermissible practice by a prosecutor of placing the prestige of the government behind its witness or otherwise insinuating to the jury that the prosecutor offers personal assurance of the witness's veracity ...


Costs

Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...


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