Solicitor Generals Prosecution Guidelines

Question 1

The test for prosecution is met if

Answer 1

The evidence which can be adduced in court is sufficient to provide a reasonable prospect of conviction - the evidential test

And

Prosecution is required in the public interest - the public interest test

Question 2

Reasonable prospect of conviction exists if

Answer 2

Creditable evidence can be adduced and an impartial judge/jury properly directed on law could be satisfied beyond reasonable doubt that the individual committed the offence

Question 3

Public interest considerations

Answer 3

Seriousness of offence
Serious or significant violence
Offence being continued or repeated
Defendant has relevant previous convictions
Offence committed on bail
Organised crime
Defendant is ring leader
Vulnerable victims
Defendant has a position of authority
Offence against a public servant