Code for Crown Prosecutors - Skadden

The Code for Crown Prosecutorsbe public interest factors tending against prosecution in aparticular case, prosecutors should consider whethernonetheless a prosecution should go ahead and for those factorsto be put to the court for consideration when sentence is passed.4.14 The absence of a factor does not necessarily mean that it shouldbe taken as a factor tending in the opposite direction. Forexample, just because the offence was not “carried out by agroup” does not transform the “factor tending in favour of aprosecution” into a “factor tending against prosecution”.4.15 Some common public interest factors which should beconsidered when deciding on the most appropriate course ofaction to take are listed below. The following lists of publicinterest factors are not exhaustive and each case must beconsidered on its own facts and on its own merits.Some common public interest factors tending infavour of prosecution4.16 A prosecution is more likely to be required if:a) a conviction is likely to result in a significant sentence;b) a conviction is likely to result in an order of the court in excessof that which a prosecutor is able to secure through aconditional caution;c) the offence involved the use of a weapon or the threat ofviolence;d) the offence was committed against a person serving thepublic (for example, a member of the emergency services; apolice or prison officer; a health or social welfareprofessional; or a provider of public transport);11