ABSTRACT
This chapter discusses the public interest test in the exercise of the discretion to prosecute. It considers aspects of the decision that make it inherently susceptible to disputes: the diverse purposes that underlie the criminal law, conflicts regarding the appropriate role of individual interests in public prosecutorial decision-making and the nature of prosecution as an enforcement decision. Decisions to prosecute may impact on the enforcement of the criminal law in areas where there is a lack of social consensus or changing social views. Shifting social values may be reflected in decisions to prosecute either before or independently of any change in the substantive criminal law. The decision to prosecute sits at the nexus of a myriad of interests. It is an integral part of the criminal justice system, which is by its nature a highly adversarial process. It lies within the legal sphere, and requires highly specialized legal knowledge to make.
