5
1
MONDAY, NOVEMBER 2, 1987
USUALLY
"EVEN A PRIMA FACIE CASE, HOWEVER, IS NOT BY ITSELF ENOUGH, THERE IS NORMALLY A SECOND STAGE WHICH CONSISTS OF TESTING THE EVIDENCE TO DECIDE WHETHER IT IS SUFFICIENT TO GIVE RISE TO A REALISTIC PROSPECT OF A CONVICTION."
CONSIDERATIONS OF THE ADEQUACY OF AVAILABLE EVIDENCE ALSO INTO ACCOUNT THE PROSPECTS OF SUCCESS.
MR THOMAS EXPLAINED THAT AN ASSESSMENT OF CONVICTION OR ACQUITTAL REQUIRED AN OBJECTIVE STRONG THE CASE WAS LIKELY TO BE WHEN PRESENTED FACTORS WERE TAKEN INTO ACCOUNT.
TOOK
THE PROSPECTS FOR HOW
EVALUATION OF IN COURT. SEVERAL
AND THE
ONE WAS THE AVAILABILITY AND CREDIBILITY OF WITNESSES IMPRESSION THEY WERE LIKELY TO MAKE ON A JURY: ANOTHER WAS THE ADMISSIBILITY OF ANY ALLEGED CONFESSION; ANOTHER WAS WHETHER THERE WERE ANY OBVIOUS LINES OF DEFENCE OPEN TO THE ACCUSED, AND SO ON.
HOWEVER, WOULD DEPEND
MIGHT
THE RANGE OF FACTORS TO BE CONSIDERED, UPON THE CIRCUMSTANCES OF EACH CASE. ASSESSMENT OF THE EVIDENCE BE DIFFICULT: OCCASIONALLY, IT MIGHT BE IMPOSSIBLE TO SAY WITH ANY CONFIDENCE THAT EITHER A CONVICTION OR AN ACQUITTAL WAS THE MORE LIKELY RESULT.
IF HAVING EVALUATED THE EVIDENCE THE PROSECUTOR WAS SATISFIED THAT THERE WAS A REASONABLE PROSPECT OF CONVICTION, HE MUST THEN CONSIDER THE MATTER FROM THE POINT OF VIEW OF THE PUBLIC INTEREST.
MR THOMAS SAID: "AS IT WAS PUT BY A FAMOUS ATTORNEY GENERAL OF ENGLAND AND WALES SOME 40 YEARS AGO, HOWEVER GOOD THE EVIDENCE A PROSECUTION SHOULD NOT BE INITIATED UNLESS THE PROSECUTOR IS SATISFIED THAT THE OFFENCE OR THE CIRCUMSTANCES OF ITS COMMISSION IS OR ARE OF SUCH A CHARACTER THAT A PROSECUTION IN RESPECT THEREOF IS REQUIRED IN THE PUBLIC INTEREST. THAT IS STILL THE DOMINANT CONSIDERATION'.
"HE CONTINUED BY SAYING THAT REGARD MUST BE HAD TO THE EFFECT WHICH THE PROSECUTION, SUCCESSFUL OR UNSUCCESSFUL AS THE CASE MAY BE, WOULD HAVE UPON PUBLIC MORALE AND ORDER, AND ANY OTHER CONSIDERATIONS AFFECTING PUBLIC POLICY'.
*H
MR THOMAS SAID THE POSITION WAS THE SAME IN HONG KONG. IN A MAJORITY OF CASES THE RESULT OF THIS PROCESS WOULD BE A DECISION THAT, IF THE AVAILABLE EVIDENCE WAS UP TO THE STANDARD DESCRIBED, IT WOULD BE IN THE PUBLIC INTEREST THAT A PROSECUTION SHOULD FOLLOW; AND THE CLEARER THE EVIDENCE, THE MORE LIKELY IT WAS THAT THAT WOULD BE THE DECISION.
THE ATTORNEY GENERAL SAID THERE WERE, HOWEVER, CASES WHERE THE CIRCUMSTANCES SUGGESTED SOME COURSE OTHER THAN PROSECUTION MIGHT BK PREFERABLE.
/PERHAPS THE