XN000022-1993-12-07 — Page 10

TUESDAY, DECEMBER 7, 1993

9

BOOKLET ON PROSECUTION POLICY PUBLISHED * * * * *

THE LEGAL DEPARTMENT TODAY (TUESDAY)

MAKES PUBLIC FOR THE

FIRST TIME THE GUIDANCE GIVEN TO CROWN COUNSEL ON THE POLICY AND THE CRITERIA FOR MAKING PROSECUTION DECISIONS.

THE MOVE IS TO HELP THE COMMUNITY IMPORTANT ASPECT OF THE RULE OF LAW.

UNDERSTAND BETTER THIS

LAUNCHING THE FIRST BOOKLET ON PROSECUTION POLICY GUIDANCE FOR CROWN COUNSEL AT A PRESS CONFERENCE, THE ATTORNEY GENERAL, MR JEREMY MATHEWS, EXPLAINED THAT AN IMPORTANT ASPECT OF THE RULE OF LAW WAS THE ASSURANCE THAT DECISIONS TO PROSECUTE WERE MADE ON OBJECTIVE CRITERIA, IMPARTIALLY AND FREE FROM POLITICAL INTERFERENCE.

OBTAIN A

HE ALSO SAID IT WAS NOT THE DUTY OF A PROSECUTOR TO CONVICTION AT ALL COSTS BUT то PRESENT THE CASE IN A FAIR AND IMPARTIAL MANNER.

"TO PROSECUTE ANYBODY WITH THE POSSIBLE LOSS OF HIS OR HER LIBERTY IS AN IMPORTANT HUMAN DECISION WHICH MAY HAVE SERIOUS CONSEQUENCES.

"IT IS, THEREFORE, RIGHT THAT THE GREATEST CARE SHOULD BE TAKEN WITH DECISIONS TO PROSECUTE AND THAT IS THE REASON WHY DECISIONS TO PROSECUTE CASES IN THE HIGH COURT AND DISTRICT COURT HAVE TO BE CONFIRMED BY DIRECTORATE OFFICERS," MR MATHEWS SAID.

MR MATHEWS LISTED TWO IMPORTANT PRINCIPLES THAT HAD ΤΟ BE TAKEN INTO CONSIDERATION WHEN A DECISION WAS BEING MADE ON WHETHER ΤΟ PROSECUTE.

THEY WERE WHETHER EVIDENCE WAS SUFFICIENT TO JUSTIFY CRIMINAL PROCEEDINGS AND, IF SO, WHETHER SUCH PROCEEDINGS WERE IN THE PUBLIC INTEREST.

"THE SECOND PRINCIPLE DOES NOT COME INTO OPERATION UNTIL THE FIRST IS ANSWERED IN THE AFFIRMATIVE.

"THE PUBLIC INTEREST DOES NOT COME INTO IT UNLESS WE ARE SATISFIED THAT THERE IS SUFFICIENT EVIDENCE ΤΟ ENSURE A REASONABLE PROSPECT OF CONVICTION, HE SAID.

申申

APART FROM SETTING OUT THE FACTORS TO BE CONSIDERED IN DECIDING ON THE EVIDENCE AND THE MERITS, THE ATTORNEY GENERAL POINTED OUT THAT THE GUIDE ALSO LISTED THE FACTORS THAT NEEDED TO BE TAKEN INTO ACCOUNT AND THE SPECIAL CONSIDERATIONS PROSECUTORS HAD TO KEEP IN MIND IN DEALING WITH THE ELDERLY, THOSE UNDER MENTAL DISABILITY AND CHILDREN.

AN

HE ALSO STRESSED THAT WHERE THERE WAS EVIDENCE TO PROVE OFFENCE IT DID NOT MEAN THAT CRIMINAL PROCEEDINGS MUST NECESSARILY FOLLOW.

"WE MUST ALWAYS CONSIDER THE CIRCUMSTANCES OF BOTH THE OFFENCE AND THE OFFENDER AND, PARTICULARLY IN RELATION TO CHILDREN, WHERE THERE ARE OTHER MEANS OF DEALING WITH THE CASE, HE SAID.

/"DECISION-MAKING

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