Prosecution Decisions

Prosecutions are initiated or continued where it is satisfied that the Test for Prosecution is met. The key principles applied in the Test for Prosecution are as follows:

Whether the evidence which can be adduced in court is sufficient to provide a reasonable prospect of conviction - 'the Evidential Test'; and

Whether a prosecution is required in the Public Interest - 'the Public Interest Test'.

Each of these stages must be separately considered but a decision as to whether or not a prosecution is in the public interest can only arise when the evidential test has been satisfied.