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About Us: Role of the PPS Did You Know: The Criminal Case
Crown Attorney Manual
Accountability Report (PDF)
Routine
Access to Administrative & Operational Records Without a FOIPOP Application
(PDF) |
The Role of the
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Role of the PPS |
The Nova Scotia Public Prosecution Service prosecutes charges laid under the Criminal Code and under Nova Scotia statutes such as the Occupational Health and Safety Act.
Cases
are handled by lawyers called Crown Attorneys. About 80 Crown Attorneys
across the province handle about 40,000 cases each year in Nova Scotia.
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The Crown Attorney's Job |
Crown Attorneys are prosecutors. They are not investigators and do not lay criminal charges. Investigations are conducted by the police. The police decide whether to lay a charge. In some cases, Crown Attorneys are asked by police for advice on whether there is enough evidence to lay a charge. And, if so, whether there is a realistic prospect of conviction. But the police do not have to follow this advice. The decision to lay a charge rests with the police.
After
a charge is laid by the police, it is the Crown Attorney who decides
whether the charge should go to trial. The Crown Attorney makes that
decision by reviewing all of the evidence and deciding if there is a
realistic prospect of conviction. Even when there is a realistic prospect
of conviction, a Crown Attorney may decide not to go to trial if he
or she believes it is not in the public interest. For example, the accused
person may be elderly with no criminal record, the offence may be minor
or the victim may not want to go ahead. In a case like this, the Crown
Attorney may decide it's not in the public interest to prosecute.
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Seeking Justice: Conviction or Acquittal |
When a matter goes to trial, the Crown Attorney's role is to present the evidence fairly. The Crown Attorney argues for the proper verdict based upon the evidence. The Crown Attorney is not aiming to "win" a conviction.
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Responsibility to the Victim |
When handling a prosecution, Crown Attorneys
must represent the interests of the general public. The Crown Attorney
is not the victim's lawyer. 
There
are times when the Crown Attorney must disagree with the wishes of an
individual victim.
Crown Attorneys have a responsibility to treat victims of crime with compassion and respect. Often, Crown Attorneys call upon Victims' Services workers of the Nova Scotia Department of Justice. Crown Attorneys or Victims' Services workers explain the prosecution process to the victim. They prepare victims for court appearances and keep them informed of progress on the case.
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Appealing a Decision |
Sometimes a verdict, a sentence or a special order made by a judge will be appealed by either the Crown or the accused. An appeal is a request to a higher court to change a decision made by a lower court.
The Crown may appeal a verdict of not guilty. The Crown may also appeal a sentence it believes does not fit the crime. The defence may appeal a verdict of guilty. It may also appeal a sentence it believes is too harsh.
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of Nova Scotia, all rights reserved.
Comments to: hansence@gov.ns.ca
/2003-Apr-23
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