Do police have discretionary powers?

Do police have discretionary powers?

Police and prosecutors in NSW have a large amount of discretionary power: they can choose whether or not charges can be dropped or reduced, and whether a case will proceed to a defended local court hearing. In any given situation police have a large amount of discretion to exercise their power.

Why is police discretion needed?

The use of discretion allows the police officer the flexibility necessary to perform their job. It also allows the police officer to quickly interpret the applicable statutory law and then act upon the determination.

What is meant by police discretion?

Defining discretion in Law Enforcement. Discretion refers to an official action that is taken by a criminal justice official i.e. police officer, lawyer or judge etc. in which they use their own individual judgment, to decide the best course of action.

Who has discretion in the criminal justice system?

Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction.

What is prosecutor discretion and how does it work?

Prosecutorial discretion is when a prosecutor has the power to decide whether or not to charge a person for a crime, and which criminal charges to file.

Is police discretion an essential part of policing?

Police discretion is essential part of policing. Police discretion is a constant consideration within Police services. It is seen by many to be both an essential part of policing as well as a constant source of issues. Issues such as the potential for racism, sexism and socialism are ever-present in everyday policing.

Why would a Prosecutor decide not to file charges?

One reason that a prosecutor may decide not to file charges against a defendant is a lack of evidence. A prosecutor has the burden to prove beyond a reasonable doubt any charges they file against a defendant, so if the evidence isn’t there or it’s shaky, they may decide against filing the charges.

What is an example of discretion in criminal law?

For example, a prosecutor may offer a low-level drug dealer probation in exchange for testifying against a serious drug trafficker. Probably the biggest downside of prosecutorial discretion is that it creates the potential for prosecutorial misconduct that can be seen in cases of selective prosecution.