Prosecution Guidelines Flashcards
1
Q
Prosecution Guidelines
When is the Test for Prosecution met ? Describe both ?
A
Evidential Test - Evidence adduced in court is sufficient to provide reasonable prospect of conviction
Public Interest - Prosecution required in public interest
2
Q
Prosecution Guidelines
What is the time honoured statement made in 1951 by Sir Hartley Shawcross QC MP, UK Attorney General ?
A
“It has never been the rule in this country … that suspected criminal offences must automatically be subject of prosecution”
3
Q
Prosecution Guidelines
List what is relevant when determining public interest considerations for prosecuting offences ?
A
- 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
