Prosecutions

Question 1

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

Answer 1

-The Evidence (which can be adduced in court) is sufficient to provide a reasonable prospect of a conviction -The Evidential Test
Prosecution is required in the public interest. -The Public Interest Test

Question 2

Each Test must be considered __________ and the Evidential Test must be ___________ before the Public Interest Test is __________.

Answer 2

• separately
• satisfied
• considered

Question 3

‘A reasonable prospect of a conviction exists if what 5 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
• Person has committed an offence

Question 4

Identifiable Individual: A prosecution can only take place where the ________ ____________ _________ 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 _______ __ ______.

Answer 5

…capable of belief.

Question 6

Only evidence which is or reliably will be _________, and _______ __________, can be taken into account in reaching a decision to prosecute.

Answer 6

…available, and legally admissible

Question 7

In forming his or her _________ of the reasonable prospect of a conviction on the evidence, the prosecutor shall endeavour to _________ and evaluate likely ________.

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

Careful analysis is required to identify what offence(s) may have been committed and to consider the ________ against each of the ___________ which establish the particular _______.

Answer 9

• evidence
• ingredients
• offence

Question 10

Prosecutors must exercise their __________ as to whether a prosecution is required in the ______ ________. Not all offences that have ‘sufficient ________ must be __________.

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 10 Public Interest considerations for prosecution?

Answer 12

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