XN000022-1987-11-02 — Page 7

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BE

PERHAPS THE MOST OBVIOUS EXAMPLE WAS THE TRIVIAL OR "TECHNICAL"

THE

SOON COURTS WOULD OFFENCE NATURE OF

THE PARTICULAR

SUSPECTED HOPELESSLY CLOGGED AND SUFFER INTERMINABLE DELAYS IF EVERY

SUBJECT OF PROSECUTION. IN CRIMINAL OFFENCE WERE AUTOMATICALLY THE OTHER WORDS, WHAT LAWYERS CALLED THE DE MINIMIS PRINCIPLE WAS APPLIED.

IN

THERE WERE NUMEROUS THE CONSIDERING WHETHER

APART FROM THE CHARACTER OF THE OFFENCE,

MIGHT BE RELEVANT OTHER FACTORS THAT PUBLIC INTEREST REQUIRED A PROSECUTION.

AND

OF

"I HAVE REFERRED TO THE STRENGTH OF THE EVIDENCE AND DEGREE

IS THIS A CONVICTION.

PARTICULARLY RELEVANT IF A LIKELIHOOD OF

SUCH EXPENSIVE; IN

A PROSECUTION

CASE THE WOULD BE LONG

PUBLIC INTEREST DOES PROSECUTOR MAY WELL DECIDE THAT THE BALANCE OF

PROSECUTION UNLESS THERE IS SOMETHING MORK NOT FAVOUR A

THAN A

'REASONABLE' PROSPECT OF SUCCESS, HE SAID.

WERE

PRESENCE

THE EXAMPLES OF OTHER FACTORS TO BE CONSIDERED

AGE, PHYSICAL OF MITIGATING OR AGGRAVATING CIRCUMSTANCES; THE YOUTH,

WITNESS; WHETHER THE AND MENTAL HEALTH OF THE ALLEGED OFFENDER OR A

HAND, ALLEGED OFFENDER HAD A CRIMINAL RECORD OR WHETHER, ON THE OTHER

THE HIS REPUTATION;

EFFECT ON PUBLIC A PROSECUTION WOULD DESTROY

THE ALLEGED OFFENDER ORDER AND MORALE; THE DEGREE OF CULPABILITY OF

MIGHT DO TO HIM; AND THE AMOUNT OF HARM WHICH A

THE OFFENCE LIKELY SENTENCE UPON CONVICTION; THE LENGTH OF TIME SINCE THE

THE ATTITUDE OF

COMPLAINANT (IF

THE WAS COMMITTED;

THE AVAILABILITY AND EFFICACY OF ALTERNATIVES TO PROSECUTION AND SO ON.

PROSECUTION

ANY),

RELEVANT FACTORS WOULD

"ANY ATTEMPT AT AN EXHAUSTIVE LIST OF INEVITABLY BE INCOMPLETE.

PUBLIC INTEREST

OF A CASE

IS AN MUST BE

THE CONSIDERING "THE VITAL ISSUE IN

PARTICULAR CIRCUMSTANCES APPRECIATION THAT THE ASSESSED ON ITS INDIVIDUAL MERITS.

ΤΟ RELEVANT PUBLIC "THE APPLICABILITY AND WEIGHT TO BE GIVEN

WEIGHING INTEREST FACTORS VARIES FROM CASE TO CASE AND THE PROCESS OF

EVEN THEM UP GIVES THE PROSECUTOR A WIDE DISCRETION NOT TO PROSECUTE

AS TO MAKE WHERE THE EVIDENCE 18 SUCH

A CONVICTION LIKELY, MR

THOMAS SAID.

SAID TURNING TO THE SELECTION OF CHARGES, THE ATTORNEY GENERAL

CONSTITUTED AN OFFENCE AGAINST THAT IN MANY CASES THE SAME CONDUCT CHARGE

MUST OR CHARGES

BE SEVERAL DIFFERENT LAWS. THE

CHOSEN TO DISCLOSED BY REFLECT THE NATURE AND EXTENT OF THE CRIMINAL CONDUCT

EVENT THE AVAILABLE ADMISSIBLE EVIDENCE AND PROVIDE THE COURT, IN THE OF CONVICTION, WITH AN APPROPRIATE BASIS FOR SENTENCE.

/IN GENERAL,