Prosecution Guidelines

Question 1

Prosecution Guidelines
When is the Test for Prosecution met ? Describe both ?

Answer 1

Evidential Test - Evidence adduced in court is sufficient to provide reasonable prospect of conviction

Public Interest - Prosecution required in public interest

Question 2

Prosecution Guidelines
What is the time honoured statement made in 1951 by Sir Hartley Shawcross QC MP, UK Attorney General ?

Answer 2

“It has never been the rule in this country … that suspected criminal offences must automatically be subject of prosecution”

Question 3

Prosecution Guidelines
List what is relevant when determining public interest considerations for prosecuting offences ?

Answer 3

• Seriousness
• Significant violence
• History of recurring
• Previous convictions
• Offences on Bail
• Prevalent
• Ringleader or Organiser
• Premeditated
• Group
• Gang
• Victim fearful / vulnerable
• Risk of harm
• Serious Financial loss
• Abuse of power
• Against emergency staff
• Took advantage of age/development of victim
• Motivated by hostility, ie: race, gender etc.
• Corruption