Jun 4, 2023 13:38
1 yr ago
66 viewers *
English term

prosecuted

English Law/Patents Law (general) Legal requirement
The term is in this sentence:
- clients who have been prosecuted for financial crimes;

It is part of a list of restricted clients (to be accepted).

> My question is, whether "prosecuted" means you've only ever been prosecuted, or have you been found guilty?

Because of prosecution only still possible to be found innocent.

Thank you!
Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): Edith Kelly, Yvonne Gallagher

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Responses

+7
27 mins
Selected

accused of a crime

prosecuted does not mean found guilty, it means accused of a crime

To prosecute means to officially accuse someone of committing a crime in a law court, or to try to prove that a person accused of committing a crime is guilty of that crime12345. It can also mean to follow through or carry forward something undertaken or begun, usually to its completion2. The word comes from the Latin "prosesutus," meaning "follow after"5.
https://dictionary.cambridge.org/dictionary/english/prosecut...

If the person is prosecuted, they become a defendant in court. If they either plead guilty or are found guilty by magistrates or, for more serious offences, a jury, they become an offender and will be sentenced by the court.
https://www.sentencingcouncil.org.uk/sentencing-and-the-coun...
Peer comment(s):

agree Erzsébet Czopyk : nicely elaborated answer
44 mins
Thank you.
agree Adrian MM. : defendant to a private prosecution vs. accused in a public prosecution, though England & Wales Law of Evidence textbooks - 'that shall remain nameless' - admit to (carelessly and indiscriminately) using the terms interchangeably.
50 mins
Thank you.
agree Dženan Mukić
2 hrs
agree Paul O'Brien
3 hrs
agree Daryo
6 hrs
agree AllegroTrans
23 hrs
agree Edith Kelly : but this is definitely non-Pro
3 days 2 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you!"
3 days 3 hrs

accused, but not convicted

You can be prosecuted and still be found innocent. Being prosecuted means only that someone has accused you of something and the dispute was taken to court, with you as the defendant.
Example sentence:

Bob was prosecuted for shoplifting, but was not convicted as there were not enough evidence.

Note from asker:
Thank you!
Peer comment(s):

neutral AllegroTrans : All of this has already been explained in Mihaela's answer
47 mins
Something went wrong...

Reference comments

1 day 23 hrs
Reference:

Reference for Adrian

HM Government and the Sentencing Council refer to "defendants" in the Crown Court, not to mention scores of other credible bodies

So are they all wrong?


At court: Being a Defendant in the Crown Court
United Kingdom Government
https://assets.publishing.service.gov.uk › file › a...
PDF
You could be facing time in prison. Your defence team (a solicitor and/ or a barrister) work for you. They will argue your case for you in court.
5 pages

They are responsible for preparing the court and making sure that everything is in the right place at the right time and that everybody involved in the hearing is there. The defendant is the person who has been accused of the offence. The defendant sits in the dock and sometimes a uniformed officer sits near to them.

Who's who in the Crown Court | Sentencing Council

How the courts work
Metropolitan Police
https://www.met.police.uk › advice › going-to-court
A person accused of a crime is called a 'defendant'. The authority responsible for prosecuting the case in court is called the 'prosecutor'. In most cases that ...
Something went wrong...
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