ABSTRACT
A conviction is likely to result in a significant sentence The offence was premeditated or violent, involved a weapon or threat of violence or was committed against a person serving the public (e.g. a police officer/health-care professional) The offence was carried out: in breach of court order, by a group, committed in the presence of a child, motivated by any form of discrimination or committed in order to facilitate more serious offending The suspect took advantage of: the victim’s vulnerability, a marked difference in ages of suspect and victim, a marked difference in levels of understanding of suspect and victim or a position of authority or trust The victim was corrupted or the suspect was a ringleader Previous convictions are relevant to the present offence A prosecution would positively impact on community confidence. There is a risk the offence will be repeated
A prosecution is less likely to be required if
The court is likely to impose a nominal penalty, or the seriousness and consequences can be appropriately dealt with by an out-of-court disposal The suspect played a minor role, has put right the loss or harm, or has been subject to regulatory proceedings or a civil penalty The loss or harm is minor or the offence was committed as a result of a genuine mistake or misunderstanding There has been a long delay between the offence and trial (with various caveats). A prosecution is likely to have an adverse effect on the victim’s physical or mental health The suspect is or was suffering from significant mental or physical ill health at the material time A prosecution may require details to be made public that could harm the sources of information, international relations or national security
• will take into account views expressed by victims, but must form an overall view of the public interest
• select charges that: – reflect the seriousness of the offence – give the court adequate powers to sentence.
