5.1 & 5.2 The Test for Prosecution is met if: (2 points)
Clue: ET & PI
- 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.
Each Test must be considered S__________ and the Evidential Test must be S___________ before the Public Interest Test is C__________.
Evidential Test : -A reasonable prospect of a conviction exists if what 4 elements are present?
- Identifiable Person
- Credible Evidence
- Jury/Judge (directed accordingly by law)
- Satisfied beyond reasonable doubt that person has committed an offence
A prosecution can only take place where the E________ S____________ I_________ that a particular person is responsible.
- Identifies…(where no specific ID the case cannot be presented as joint liability, there can be no prosecution.)
Credible Evidence means evidence which is C_______ of B______.
- Capable of
Only evidence which is reliable, will be A_________, and L_______ A__________, can be taken into account in reaching a decision to prosecute.
- Available and
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________.
What does ‘beyond reasonable doubt’ mean?
Clue: HiSP, ReqCL (2)
- High standard of proof
- required by the criminal law.
“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_______.
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__________.
- Public interest
What statement in 1951 did Sir Hartley Shawcross QC MP, the then United Kingdom Attorney-General, make to Parliament in relation to prosecutorial discretion:
“It has never been the rule in this country … that suspected criminal offences must automatically be subject of prosecution.”
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
- 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
- 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