ABSTRACT
The following lists of some common public interest factors, both for and against prosecution, are not exhaustive. The factors that apply will depend on the facts in each case.
Some common public interest factors in favour of prosecution
6.4 The more serious the offence, the more likely it is that a prosecution will be needed in the public interest. A prosecution is likely to be needed if:
(a) a conviction is likely to result in a significant sentence;
(b) a weapon was used or violence was threatened during the commission of the offence;
(c) the offence was committed against a person serving the public (for example, a police or prison officer, or a nurse);
(d) the defendant was in a position of authority or trust;
(e) the evidence shows that the defendant was a ringleader or an organiser of the offence;
(f) there is evidence that the offence was premeditated;
(g) there is evidence that the offence was carried out by a group;
(h) the victim of the offence was vulnerable, has been put in considerable fear, or suffered personal attack, damage or disturbance;
(i) the offence was motivated by any form of discrimination against the victim’s ethnic or national origin, sex, religious beliefs, political views or sexual orientation, or the suspect demonstrated hostility towards the victim based on any of those characteristics;
(j) there is a marked difference between the actual or mental ages of the defendant and the victim, or if there is any element of corruption;
(k) the defendant’s previous convictions or cautions are relevant to the present offence;
(l) the defendant is alleged to have committed the offence whilst under an order of the court;
(m)there are grounds for believing that the offence is likely to be continued or repeated, for example, by a history of recurring conduct; or
(n) the offence, although not serious in itself, is widespread in the area where it was committed.
