The Decision to Prosecute

The decision to prosecute or not to prosecute is very important.  If someone is prosecuted and later found not guilty, they can suffer a lot of damage.  On the other hand, a decision not to prosecute can cause great stress and upset to a victim.  So the DPP must carefully consider whether or not to prosecute.

Every case is unique and must be considered on its own merits.  For this reason there is no simple formula which can be applied to give a simple answer to the questions the prosecutor has to face.  But there are general principles which the prosecutor must apply when deciding whether or not to prosecute.  These are set out in Chapter 4 of the Guidelines for Prosecutors published by this Office.  The chapter is set out in this section of the website so that you can see what the prosecutor must consider before reaching a decision.

The Decision Whether to Prosecute (PDF- 154.8KB)

The Decision Whether to Prosecute (HTML)