CH 2 -Evidential Sufficiency & Public Interest Flashcards Preview

S/Sgt CPK November 2017 > CH 2 -Evidential Sufficiency & Public Interest > Flashcards

Flashcards in CH 2 -Evidential Sufficiency & Public Interest Deck (12)
Loading flashcards...
1
Q

5.1 & 5.2 The Test for Prosecution is met if: (2 points)

Clue: ET & PI

A
  • The Evidential Test (which can be adduced in court) is sufficient to provide a reasonable prospect of a conviction
  • The Public Interest Test: Prosecution is required in the public interest.
2
Q

Each Test must be considered S__________ and the Evidential Test must be S___________ before the Public Interest Test is C__________.

A
  • Separately
  • Satisfied
  • Considered
3
Q

Evidential Test : -A reasonable prospect of a conviction exists if what 4 elements are present?

A
  • Identifiable Person
  • Credible Evidence
  • Jury/Judge (directed accordingly by law)
  • Satisfied beyond reasonable doubt that person has committed an offence
4
Q

Identifiable Individual:

A prosecution can only take place where the E________ S____________ I_________ that a particular person is responsible.

A
  • Evidence
  • Sufficiently
  • Identifies…(where no specific ID the case cannot be presented as joint liability, there can be no prosecution.)
5
Q

Credible Evidence means evidence which is C_______ of B______.

A
  • Capable of
  • Belief.
6
Q

Only evidence which is reliable, will be A_________, and L_______ A__________, can be taken into account in reaching a decision to prosecute.

A
  • Available and
  • Legally
  • Admissible
7
Q

In forming his or her J_________ of the reasonable prospect of a conviction on the evidence, the prosecutor shall endeavour to A_________ and evaluate likely D________.

A
  • Judgement
  • Anticipate
  • Defences
8
Q

What does ‘beyond reasonable doubt’ mean?

Clue: HiSP, ReqCL (2)

A
  • High standard of proof
  • required by the criminal law.
9
Q

“Commission of a Criminal Offence”Careful analysis is required to identify what offence(s) may have been committed and to consider the E________ against each of the I___________ which establish the particular O_______.

A
  • Evidence
  • Ingredients
  • Offence
10
Q

Prosecutors must exercise their D__________ as to whether a prosecution is required in the P______ I________. Not all offences that have ‘sufficient E________ must be P__________.

A
  • Discretion
  • Public interest
  • Evidence
  • Prosecuted
11
Q

What statement in 1951 did Sir Hartley Shawcross QC MP, the then United Kingdom Attorney-General, make to Parliament in relation to prosecutorial discretion:

A

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

12
Q

Public interest Agaianst prosecution

Public interest considerations for prosecution 5.8.1 - 5.8.18

The following section lists some public interest considerations for prosecution which may be relevant and require consideration by a prosecutor when determining where the public interest lies in any particular case. The following list is illustrative only.

Clue: Bigger picture stuff for prosecution/community

A
  • Seriousness of the offence
  • Serious or significant violence
  • Likely to be continued or repeated
  • Relevant previous convictions, diversions or cautions
  • On bail or court order
  • Where the offence is prevalent
  • Was the defendant ringleader or an organiser of the offence
  • Premeditated
  • Carried out by a group
  • Organised crime
  • Where the victim of the offence, or their family, has been put in fear, or suffered personal attack, damage or disturbance. The more vulnerable the victim, the greater the aggravation
  • Created a serious risk of harm
  • Serious financial loss to an individual, corporation, trust person or society
  • Position of authority or trust and the offence is an abuse of that position
  • Against a person serving the public, ie doctor, nurse, ambo, fire, police
  • Actula or developmental ages of the defendant and the victim
  • Due to race, ethnicity, gender, sexual orientation, disability, religion, political beliefs, age, the office they hold, or similar factors
  • Corruption.