18/9/07
From the Crown Prosecution Service website www.cps.gov.uk
"The role of the Service is to prosecute cases firmly, fairly and effectively when there is sufficient evidence to provide a realistic prospect of conviction and when it is in the public interest to do so.
The principles we follow:
"The Code for Crown Prosecutors sets out the basic principles to be followed by Crown Prosecutors when they make case decisions. The decision on whether or not to go ahead with a case is based on two tests outlined in the Code.
The evidential test
"This is the first stage in the decision to prosecute. Crown Prosecutors must be satisfied that there is enough evidence to provide a “realistic prospect of conviction” against each defendant on each charge. They must consider whether the evidence can be used and is reliable. They must also consider what the defence case may be and how that is likely to affect the prosecution case. A “realistic prospect of conviction” is an objective test. It means that a jury or a bench of magistrates, properly directed in accordance with the law, will be more likely than not to convict the defendant of the charge alleged. (This is a separate test from the one that criminal courts themselves must apply. A jury or magistrates’ court should only convict if it is sure of a defendant’s guilt.) If the case does not pass the evidential test, it must not go ahead, no matter how important or serious it may be.
The public interest test
"If the case does pass the evidential test, Crown Prosecutors must then decide whether a prosecution is needed in the public interest. They must balance factors for and against prosecution carefully and fairly. Some factors may increase the need to prosecute but others may suggest that another course of action would be better. A prosecution will usually take place however, unless there are public interest factors tending against prosecution which clearly outweigh those tending in favour. The CPS will only start or continue a prosecution if a case has passed both tests.
Aims and objectives
"The Crown Prosecution Service plays a major part in assisting in the delivery of the Government’s objectives for the criminal justice system:
- To reduce crime and the fear of crime.
- To ensure the effective delivery of justice.
- To provide value for money."
This prosecution does not meet the public interest test.
- It is not in the public interest to bring this case against peaceful people who were behaving in a dignified and sombre manner, and who were no threat to national security or public safety.
- Bringing this case is costly and will do nothing to reduce crime.
- There is no victim in this alleged crime.
- If this was a real crime, then the police would have stopped the ceremony instead of allowing it to continue for several hours.
- Gordon Brown has since indicated his intention to repeal these sections of SOCPA, so why are hearings still going ahead?
- Bringing political prosecutions against peaceful people reduces public confidence in the criminal justice system