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WRITTEN QUESTION TO H.M. ATTORNEY GENERAL BY DEPUTY T.M. PITMAN OF ST. HELIER
ANSWER TO BE TABLED ON TUESDAY 23rd OCTOBER 2012
Question
When it is decided not to pursue a prosecution due to it not being seen as in the public interest', what criteria, if any, are used in making such a decision?
Answer
The decision to prosecute a person for a criminal offence is a serious one and is taken only after a two stage test has been applied. The first part is the "evidentiary" test and the second stage is the "public interest" test. The public interest stage is only reached and the public interest considered if the evidentiary test has been passed.
The evidentiary test is passed if there is sufficient admissible evidence to mean that there is a realistic prospect of securing a conviction on the charge in question. Once the evidentiary test is passed the public interest falls to be considered.
The prosecution decision making process is set out in the Code on the Decision to Prosecute (10th January 2000) and supplemental guidance on Domestic Violence which are public documents and may both be found on the Law Officers' Department website. A copy of both documents is annexed hereto.
Whilst there can be no exhaustive list of matters that may fall to be considered within the public interest test, Paragraph 5 of the Code on the Decision to Prosecute and paragraph 4 of the Domestic Violence guidance deals with the types of matters that may fall to be considered under the public interest test.
