Evidential, sufficiency, and public interest Flashcards
(8 cards)
What are the two things that must be considered before deciding to prosecute?
- The evidential sufficiency test.
- The public interest test.
Out of the two tests, which one must be satisfied first?
Evidential sufficiency must be determined
before public interest.
What are the components of the evidential test?
ICARO
It relates to the reasonable prospect of conviction.
- In relation to an identifiable person.
- There is credible evidence.
- Which a prosecution can adduce (produce) before a court
- We are an impartial, judge or jury could be reasonably satisfied beyond a reasonable doubt.
- That a person has committed a criminal offense.
What is credible evidence?
Evidence that a witness may produce in court that will not be discredited easily.
Something that is necessary for a prosecutor to determine
What is evidence that the prosecution can adduce ?
This is evidence, which is we will be available and legally admissible.
Evidence that will not be excluded by the court for the way that it was obtained.
This is also evidence which will be required to get a conviction
What is the public interest test?
Once evidential sufficiency has been established
Consideration is given to whether it is in the public interest to prosecute
Not everything is
What are the considerations and the public interest test?
- Seriousness of offense.
- Serious violence?
- Repeat behavior?
- Previous convictions or offending on bail?
- Was it organized or premeditated?
- Has the victim been put in fear with suffered personal attack?
- Is it a hate crime?
- Is it organized crime?
- Was it against a person serving the public like doctors nurses police?
When would you consider not prosecuting?
Minor offending
Defendant is elderly or a youth
Long passage of time between offense and trial
With the victim and satisfied, the defendant has rectified the situation
Where civil recovery is more appropriate
Where there are better proper alternatives to prosecution eg iwi referral
