Evidential Sufficiency & Public Interest Test Deck

Question 1

The Test for Prosecution is met if: (2 points)

Answer 1

• 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.

Question 2

Each Test must be considered S__________ and the Evidential Test must be S___________ before the Public Interest Test is C__________.

Answer 2

• separately
• satisfied
• considered

Question 3

‘A reasonable prospect of a conviction exists if what 4 elements are present?

Answer 3

• Identifiable Person
• Creditable Evidence (which can be adduced in court)
• Jury/Judge (directed accordingly by law)
• Reasonably be expected to be satisfied beyond reasonable doubt that person has committed an offence

Question 4

Identifiable Individual: A prosecution can only take place where the E________ S____________ I_________ that a particular person is responsible.

Answer 4

…evidence sufficiently identifies…

(where no specific ID the case cannot be presented as joint liability, there can be no prosecution.)

Question 5

Credible Evidence means evidence which is C_______ of B______.

Answer 5

…capable of belief.

Question 6

Only evidence which is reliably, will be A_________, and L_______ A__________, can be taken into account in reaching a decision to prosecute.

Answer 6

…available, and legally admissible

Question 7

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________.

Answer 7

• judgement
• anticipate
• defences

Question 8

What does ‘beyond reasonable doubt’ mean?

Answer 8

High standard of proof required by the criminal law.

Question 9

“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_______.

Answer 9

• evidence
• ingredients
• offence

Question 10

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__________.

Answer 10

• discretion
• public interest
• evidence
• prosecuted

Question 11

What statement in 1951 did Sir Hartley Shawcross QC MP, the then United Kingdom Attorney-General, make to Parliament in relation to prosecutorial discretion:

Answer 11

“It has never been the rule in this country … that suspected criminal offences must automatically be subject of prosecution.”

Question 12

What are the ten Public Interest considerations for prosecution?

Clue: SO,V,R,H,CB,P,P,R,G,OC

Answer 12

• Seriousness of the offence (penalty)
• Violence (serious or significant)
• Repeat or continue offence
• History (previous, diversions, cautions)
• Committed on bail (sentence or court order)
• Prevalent (widespread)
• Ringleader
• Premeditated
• Group
• Organised Crime