ABSTRACT
The first step in the social construction process in the courtroom is one taken by the complainants - the prosecution (and the police). This means that the court does not go through the complex process of a trial unless the prosecution along with the police declare the existence of an 'offensive' behaviour and define it as criminal requiring the court's attention (Gandy, 1988; Ashworth, 1994; Sanders, 1994). Both the police (Box, 1981; McBarnet, 1983; Smith and Gray, 1985; Sanders, 1994) and the prosecution (Stanko, 1977; Banks, 1977; McConville and Baldwin, 1981; Kalunta-Crumpton, 1996; Mackay and Moody, 1996) have ample discretion in making prosecutorial decisions, and their joint practices and decisions play a crucial role in the way the social construction process takes place. A defendant is brought before the court with the prosecution seeking the court's validation of the arguments in favour of finding the defendant guilty. However, once a case has appeared in court, the prosecution has the power to withdraw that case, drop a charge, modify or amend a charge (Wood, 1988).
