THE SIGNIFICANCE AND FUNCTION OF THE "WORKS MADE FOR HIRE" DOCTRINE

In common law systems the prosecutor has a wide discretion as to whether to bring a case to court after the investigation. In England and Wales the prosecutor takes a charge or indictment to the court. The charge is read out and the defendant then enters a plea of guilty or not guilty and the court proceeds (eventually) to trial or to sentence. By contrast in the other national and international systems reviewed the decision to allow the case to proceed in the court itself involves a judicial review of the evidence to determine whether sufficient evidence exists to confirm the charges and hence continue the case.