Do not investigate cases law enforcement agencies responsibility Types of

Do not investigate cases law enforcement agencies

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Do not investigate cases (law enforcement agencies’ responsibility) Types of prosecutor - Prosecutors on fiat – private counsel( barristers) dealing with criminal cases on instructions from DOJ - Barristers must to have practiced 2 years to prosecute in inferior courts - Superior courts- no less than 7 yrs - Private prosecutor – any HK residents (citizen has as much right to institute criminal proceedings), but a very difficult in practice - Need persuade magistrate to issue a summon, and DOJ not to take over the case, since when cases started, SJ has power to intervene - Has an ineffective and insufficient mechanism for reversing an official decision not to prosecute a criminal suspect - Hurdles impeding access to evidence good enough to support a credible application to prosecute - Costly in terms of time and financial resources - Court Prosecutors – lay prosecutor attached to the Magistrates - Introduced to relieve police inspector’s workload to prosecute - Deal with more straight forward cases since may not qualified - Public prosecutors known as govt counsel before - Change of title consolidate the position that Prosecution Division act as agent of the public ( represent the community), but not that of govt Law enforcement agencies HK Police Force : - wield “legally unlimited and operationally non-reviewable” powers to stop and search people in the street “at will” - Power to stop and search: “ A police may stop, detain for a reasonable period and search anyone acting in a suspicious manner , or anyone whom he reasonably suspects of having committed, being about to commit or intending to commit an offence . - Power to arrest “A police officer is given broad powers of arrest where he has a reasonable belief that a person will be charged with an offence , or a reasonable suspicion of a person’s guilt of an offence, which has a mandatory sentence or which could be sentenced to imprisonment. “ Under ROL, law enforcement agencies must be abide by law - Any activity committed by a law enforcement officer in transgression of prosecutor= administrator of justice,see that justice is to be done at court, not to establish prosecution at all cost, represent the community to provide evidence in their best light S54 police force ordinance S50.1 Police Force Ordinance
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law will lack legal effect or legal authority - The law does not immunize a law enforcement officer from criminal liability - If the officer becomes law breaker, the criminal law shall turn against him or her - Police officer found guilty of assault occasioning actual bodily harm for using baton to hit an unarmed pedestrian->sentenced to imprisonment - Quashed a conviction of assaulting police in their due execution of duty - A was brutally struck by police with baton though no resistance from A - Violence inflicted on A is wholly disproportionate - A’s act is lawful defence, use reas force Independent Police Complaint Council : no power to investigate complaints on ots own initiative, but to evaluate investigation reports
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