12. Thinking again about a prosecution decision

Usually when the prosecutor decides not to prosecute or stops a case, then they stick to that decision.

But sometimes there are special reasons why the prosecutor will decide to start the case again.

Reasons for starting the case again

A case might be started again in these situations:

1. Rare cases where a new look at the original decision shows that it was wrong. It is then important to make the right decision and prosecute someone.
2. Cases which are stopped so that more evidence can be collected and prepared.
3. Cases which are stopped because there is not enough evidence but where more important evidence is found out later.
4. Cases involving a death when the inquest suggests that a prosecution should be brought.

There may also be very rare serious cases when a defendant is found innocent but a prosecutor applies to the Court of Appeal for the trial to happen again.

The Director of Public Prosecutions must agree to start the case again in this situation.