The public interest test

It has never been the rule in this country that every criminal offence must automatically be prosecuted. For this reason, in each case and providing it passes the evidential test, the prosecutor must consider whether a prosecution is required in the public interest.

A prosecution will usually take place unless the prosecutor is sure that there are public interest factors tending against prosecution which outweigh those tending in favour, or unless the prosecutor is satisfied that the public interest may be properly served, in the first instance, by offering the offender the opportunity to have the matter dealt with by an out-of-court disposal.

The public interest factors that can affect the decision to prosecute vary from case to case. The more serious the offence or the offender's record of criminal behaviour, the more likely it is that a prosecution will be required in the public interest. On the other hand, a prosecution is less likely to be required if, for example, a court would be likely to impose a nominal penalty or the loss or harm connected with the offence was minor and the result of a single incident.