3.3 Prospect of conviction Consideration must also be given to the prospects of conviction. An investigation and/or prosecution should not proceed if there is no reasonable prospect of a conviction being secured. The evaluation of the prospect of a conviction requires a thorough examination of the available admissible evidence and any available defence. 3.4 Assessment of evidence leading to prosecution When evaluating the evidence in a case, an assessment needs to be made on each of the following issues; Essential evidence is admissible. Admissions by the alleged offender have been made voluntarily and are reliable having regard to the age, intelligence and apparent understanding of the alleged offender. Witness statements are reliable and credible and the witness is capable of withstanding a defence The reliability of any witnesses needs to be considered, including the witness’s recall, credibility, the likelihood of exaggeration and any, relationship to the alleged offender. Any conflict between witness statements which may weaken the case. Alternatively, if there is a lack of conflict between eyewitnesses, whether there is anything that may cause suspicion of collusion. All the necessary witnesses will be available and competent to give evidence. If identity is likely to be an issue, the evidence of those who purport to identify the alleged offender is cogent and reliable. Any reasonable lines of defence which are obvious or have been have been indicated by the defendant. It should be noted that this list is not exhaustive and that the individual circumstances of a matter will dictate the scope of considerations necessary in the decision to prosecute. 3.5 Public Interest The public interest component dictates that prosecutions are initiated, or continued, only in circumstances where it is apparent that the offences, or the circumstances of its commission, are of such a nature that a prosecution is in the public interest. The factors to be into account when deciding whether or not the public interest requires prosecution will vary from case to case. The following factors, which should be considered at all stages of the process, are some of the considerations which may be relevant in determining whether the public interest requires prosecution of a matter: The seriousness or triviality of the alleged offence or that it is of a nature only; “technical” Any mitigating or aggravating circumstances;
3.3 Prospect of conviction Consideration must also be given to the prospects of conviction. An investigation and/or prosecution should not proceed if there is no reasonable prospect of a conviction being secured. The evaluation of the prospect of a conviction requires a thorough examination of the available admissible evidence and any available defence. 3.4 Assessment of evidence leading to prosecution When evaluating the evidence in a case, an assessment needs to be made on each of the following issues; Essential evidence is admissible. Admissions by the alleged offender have been made voluntarily and are reliable having regard to the age, intelligence and apparent understanding of the alleged offender. Witness statements are reliable and credible and the witness is capable of withstanding a defence The reliability of any witnesses needs to be considered, including the witness’s recall, credibility, the likelihood of exaggeration and any, relationship to the alleged offender. Any conflict between witness statements which may weaken the case. Alternatively, if there is a lack of conflict between eyewitnesses, whether there is anything that may cause suspicion of collusion. All the necessary witnesses will be available and competent to give evidence. If identity is likely to be an issue, the evidence of those who purport to identify the alleged offender is cogent and reliable. Any reasonable lines of defence which are obvious or have been have been indicated by the defendant. It should be noted that this list is not exhaustive and that the individual circumstances of a matter will dictate the scope of considerations necessary in the decision to prosecute. 3.5 Public Interest The public interest component dictates that prosecutions are initiated, or continued, only in circumstances where it is apparent that the offences, or the circumstances of its commission, are of such a nature that a prosecution is in the public interest. The factors to be into account when deciding whether or not the public interest requires prosecution will vary from case to case. The following factors, which should be considered at all stages of the process, are some of the considerations which may be relevant in determining whether the public interest requires prosecution of a matter: The seriousness or triviality of the alleged offence or that it is of a “technical” nature only; Any mitigating or aggravating circumstances;
Compliance%2C%20Enforcement%20and%20Prosecution%20Policy_0.docx