Chapter 2: Prosecution Guidelines

Question 1

When is the prosecutor satisfied that the Test for Prosecution is met? (2)

Answer 1

The Evidential Test (evidence which can be adduced in Court is sufficient to provide a reasonable prospect of conviction) and The Public Interest Test (prosecution is required in public interest)

Question 2

Which TEST must be satisfied first?

Answer 2

the evidential test

Question 3

What are the 6 elements that satisfy the conditions of the Evidential Test?

Answer 3

1. Identifiable Individual
2. Credible Evidence (capable of belief)
3. Evidence which the prosecution can adduce (available and legally admissible)
4. Could reasonable be expected to be satisfied (reasonable prospect of conviction)
5. Beyond reasonable doubt (high standard of proof)
6. Commission of a Criminal Offence. (evidence against each ingredients)

Question 4

What are some considerations for prosecution in the public interest test? (18)

Answer 4

1. Seriousness of offence
2. serious significant violence
3. likely to be continued/repeated
4. relevant previous convictions/warnings
5. Committed while on bail
6. Offence is prevalent
7. Ringleader
8. premeditated
9. Carried out by Group
10. Organised Crime
11. victim in fear. Vulnerable
12. Serious risk of harm
13. serious financial loss.
14. position of authority, trust
15. public servant
16. took advantage of victim developmental age
17. race/sexual orientation/religion/political motivated hate crime etc
18. Corruption

Question 5

What are some instances against prosecution in public interest? (13)

Answer 5

1. likely minimal sentence
2. genuine mistake minimal loss or harm
3. not serious or unlikely to be repeated.
4. long passage of time unless:
   serious offence
   delay caused by defendant
   offence recently came to light
   complex lengthy investigation
5. prosecution have detrimental effect on Vicitm/witness
6. Elderly defendant
7. young defendant
8. no previous convicitons
9. defendants significant mental or physically ill health at time of offence or trial
10. victim accepts defendant has rectified loss or harm
    11.recovery would be more effective by civil action
11. informaiton made public would harm sources, national security etc
    13.proper alternatives to prosecution exists (ie disciplinary proceedings)

Question 6

What is also a relevant factor in determining the overall assessment of public interest?

Answer 6

cost

Question 7

Once evidential test is met (or otherwise) and weighed up against public interest prosecutor determines there is no public interest in progressing the matter a decision of no prosecution is made. Does this preclude further further prosecution if other information comes to hand?

Answer 7

No but it is anticipated this to be rare