4. Question 3: weighted factors in favour of prosecution
4.1 Question 3 of the consultation document invited those responding to indicate whether or not they agreed with those factors that were identified in the Interim Policy as carrying more weight in comparison with the other factors in favour of prosecution. Respondents were asked to indicate their views using "Y" for "yes" and "N" for "no"; those who did not wish to let the CPS have their views on any particular factor were asked not to complete the relevant box.
4.2 The views of those who responded to any part of Question 3 are set out in the table below.
Table 3: Y/N responses to weighted factors in favour of prosecution
| No. in Interim Policy | Weighted factors in favour of prosecution | Yes % | No % | No. of responses |
|---|---|---|---|---|
| 8 | The suspect persuaded, pressured or maliciously encouraged the victim to commit suicide, or exercised improper influence in the victim's decision to do so; and did not take reasonable steps to ensure that any other person did not do so. | 95 | 5 | 2,091 |
| 4 | The victim did not indicate unequivocally to the suspect that he or she wished to commit suicide. | 90 | 10 | 2,053 |
| 7 | The suspect was not wholly motivated by compassion; for example, the suspect was motivated by the prospect that they or a person closely connected to them stood to gain in some way from the death of the victim. | 89 | 11 | 2,052 |
| 5 | The victim did not ask personally on his or her own initiative for the assistance of the suspect. | 88 | 12 | 2,038 |
| 2 | The victim's capacity to reach an informed decision was adversely affected by a recognised mental illness or learning difficulty. | 87 | 13 | 2,038 |
| 1 | The victim was under 18 years of age. | 80 | 20 | 2,034 |
| 3 | The victim did not have a clear, settled and informed wish to commit suicide; for example, the victim's history suggests that his or her wish to commit suicide was temporary or subject to change. | 80 | 20 | 1,869 |
| 6 | The victim did not have a terminal illness; a severe and incurable physical disability; or a severe degenerative physical condition; from which there was no possibility of recovery. | 56 | 44 | 1,995 |
Figure 2: Y/N responses to weighted factors in favour of prosecution
Commentary
4.3 In respect of all the proposed weighted public interest factors identified in the Interim Policy as being in favour of prosecution, there was a majority of "yes" responses, indicating there was general agreement that each of these factors should carry additional weight as a factor in favour of prosecution. However, one factor received markedly less support than the others - this was that the victim did not have a terminal illness; a severe and incurable physical disability; or a severe degenerative physical condition, from which there was no possibility of recovery - which received an agreement rating of 56%.
CPS response
4.4 The CPS views the responses to Question 3 as an endorsement of the factors that were outlined in the Interim Policy as being worthy of greater weight when prosecutors assess whether a prosecution is required in the public interest. Seven of the eight factors received an agreement rating of 80% or over.
4.5 Factor 6, which related to the health and/or disability status of the victim, touched upon a major theme of comment during the consultation exercise. A large number of respondents questioned the inclusion of this factor in the policy, arguing that it was inappropriate and may even be discriminatory to include factors relating to the health and disability status of the victim in the policy.
4.6 As a result of its lower agreement rating in this question, and upon further consideration of many of the wider views expressed during the consultation exercise, the CPS has removed factor 6 from the Final Policy.
4.7 Following a detailed review of all the responses received during the consultation exercise; after further careful consideration; and in the light of how the CPS has decided to approach the public interest factors against prosecution; the CPS has removed the mechanism of identifying particular factors as automatically carrying greater weight from the Final Policy. The CPS believes that this makes the Final Policy clearer and more accessible, for both prosecutors and members of the public.
4.8 It remains the case, of course, that when considering the public interest factors tending in favour of and against prosecution, the particular facts of the case may mean that one factor alone may outweigh a number of other factors which tend in the opposite direction.
Next: Responses to Question 4
