Questionnaire England/Wales

I.17 On what main grounds can non-prosecution take place?

The basic prosecution policy is set out in the Code for Crown Prosecutors (for police prosecutions, although other prosecutorial authorities claim to adhere to it). Firstly, the evidential test requires that a prosecution must only take place if there is sufficient evidence. Secondly, the prosecution must be in the public interest. The 1994 guidelines and the Crime and Disorder Act 1998 provide guidance on what sort of criteria should be used in determining the public interest. These include the nature of the offence, the age of the offender, and the impact of the offence on the victim among many. See http://www.homeoffice. gov.uk/crimpol/police/system/cautioning.html. The public interest consideration also allows for the development of priorities e.g. to prosecute certain offences (e.g. domestic violence) on which there exists an official rhetoric of tough action. However, the CPS has discretion to not prosecute where the tests are fulfilled.