Prosecutor

Prosecutor, he who takes the initiative in bringing a person to trial on a criminal charge. In England a prosecutor may begin by taking steps to have the accused brought before a magistrate; the magistrate may send the accused for trial, or, in certain cases, he may bind the accuser over to prosecute. On a charge of perjury, conspiracy, libel, &c. the prosecutor must proceed before a magistrate, unless a judge or law officer of the crown has given him leave to prefer an indictment. In other cases, a prosecutor may, at his own discretion, begin by preferring an indictment which will come in due course before the Grand Jury (see JURY) at assizes or quarter sessions. The liberty of prosecution thus permitted is a valuable safeguard; the government cannot shield offenders by refusing to prosecute; it must, however, be remembered that the Attorney-general can always stop the trial of a prisoner by entering a nolle prosequi. In cases which concern the state it is the duty of the Attorney-general to prefer an indictment or information; in other cases the law was formerly content to leave the parties injured by a crime to commence proceedings at their own expense and risk. Of late years the government has shown a disposition to take upon itself the duty of prosecuting in cases where the public interest is concerned. In 1879 a public prosecutor was appointed; in 1883 the duties of this office were transferred to the solicitor to the treasury; and prosecutions are now usually undertaken by the Treasury or by local authorities. Criminal courts have also been empowered to allow costs to prosecutors; and these costs are now paid by the Treasury. In Scotland the procurator-fiscal makes inquiry in regard to crimes committed within his district; cases are prepared and conducted by the Lord Advocate or by one of his deputies; and prosecutions by private persons are practically unknown. In Ireland prosecutions are usually undertaken by crown solicitors and by counsel acting under the control of the Attorney-general. There are public prosecutors in the United States. See CRIMINAL LAW.