Not exact matches
While the Crown
Prosecution Service admitted that evidence did exist to bring a case against the two doctors, it decided it
was not
in the
public interest to prosecute.
Today's report calls for defences of «reasonable excuse» of «
public interest»
be included
in the legislation, to reduce the chance of
prosecutions being thrown out of court as
being incompatible with the ECHR.
Any
prosecutions must also
be shown to
be in the
public interest and therefore «necessary and proportionate».
I then considered the second stage of the test, applying the DPP's interim guidelines on assessing the
public interest in cases involving the media, and I have concluded that a
prosecution is required
in the
public interest in relation to each of these eight suspects.
But even amid the cries of despair there
was a real sense at the meeting that
public opinion
is now more
interested in safety than
in prosecution.
However, the ORR decided not to proceed with the
prosecution of Jarvis, stating that: «while there remained sufficient evidence to provide a realistic prospect of conviction of Jarvis, a
prosecution was no longer
in the
public interest.»
The
prosecution counsel, S. K. Atteh,
in his response, expressed fears on how a serving commissioner could diligently prosecute his fellow commissioner and
be expected to serve the
interest of justice and
public good.
In fact the sole reason for having a director of public prosecutions is to give guidance as to when certain prosecutions may or may not be in the public interes
In fact the sole reason for having a director of
public prosecutions is to give guidance as to when certain
prosecutions may or may not
be in the public interes
in the
public interest.
Keir Starmer QC, director of
public prosecutions, said: «Having thoroughly reviewed the evidence gathered by the police, we have decided there
is sufficient evidence and it
is in the
public interest to bring criminal charges against Margaret Moran.
What we have
been given today
is clarity from the director of
public prosecutions (DPP) that certain considerations may mean
prosecution «
is not
in the
public interest».
Lucas spoke after the Crown
Prosecution Service said it had carefully examined the evidence and decided it
was in the
public interest to charge the MP for obstructing the highway and failing to comply with a police request to move.
The Crown
Prosecution Service had said earlier that the prosecution of a separate suspect who allegedly sent offensive messages to Ms Creasy over the same issue was not in the publi
Prosecution Service had said earlier that the
prosecution of a separate suspect who allegedly sent offensive messages to Ms Creasy over the same issue was not in the publi
prosecution of a separate suspect who allegedly sent offensive messages to
Ms Creasy over the same issue
was not
in the
public interest.
Announcing the Crown
Prosecution Service decision, Mr Starmer said: «
In four cases, we have concluded that there is sufficient evidence to bring criminal charges and that it is in the public interest to charge the individuals concerned.&raqu
In four cases, we have concluded that there
is sufficient evidence to bring criminal charges and that it
is in the public interest to charge the individuals concerned.&raqu
in the
public interest to charge the individuals concerned.»
The commissioner may enter into deferred
prosecution agreements
in lieu of finding probable cause if,
in his or her judgment, such agreements
are in the best
interests of the department, the certificateholder, and the
public.
The National Centre for the
Prosecution of Animal Cruelty (NCPAC)
is a community of Crown Prosecutors and allied professionals from across Canada who
are working together
in the service of the
public interest to ensure that crimes against animals
are prosecuted effectively and efficiently.
The goal of this webinar
is to provide overview of important factors involved
in charge approval /
prosecution of animal cruelty cases including links to violence, risk factors, abuse as predictor and indicator crime,
public interest factors, youth statistics and types of abuse.
Secondly, if so — and only if so —
is a
prosecution required
in the
public interest?»
The Court noted at para. 64: «
In Crown Policy manuals, the initiation or continuation of a prosecution is generally not recommended unless there exists a reasonable prospect of conviction and it is in the public interest to pursue the criminal proceeding.&raqu
In Crown Policy manuals, the initiation or continuation of a
prosecution is generally not recommended unless there exists a reasonable prospect of conviction and it
is in the public interest to pursue the criminal proceeding.&raqu
in the
public interest to pursue the criminal proceeding.»
Assuming that the DPP's policy on this point
is lawful, the circumstances
in which the defence might
be able to persuade the DPP to discontinue on
public interest grounds
are probably fairly narrow and limited to exceptional cases, e.g. interference with the
prosecution of another charge.
● Guardian of the
public interest, specifically
in the context of legal proceedings such as commencing / terminating criminal
prosecutions, charity matters, the appointment of «advocates to the court» (whose role
is to act as neutral advisers to the court) and «special advocates» (whose role
is to represent the
interests of parties
in cases with a national security dimension).
It
is hard to ignore that the
prosecution bowed to a media - enhanced
public image of the case and resulting political pressure whipped into a frenzy by attention - seeking politicians and activists who had little
interest in the truth.
There has never
been any legal requirement that a private prosecutor has to demonstrate that it
is in the
public interest that he should bring a
prosecution for an offence against the provision of a
public general Act of Parliament.
It should
be noted that the SFO has repeatedly and publicly criticised the tendency for companies to claim privilege over the accounts of witnesses, making clear
in relation to DPAs that it views the «free supply of relevant information», including «the account of any witnesses spoken to by those conducting the enquiry» to
be «the hallmark of cooperation».10 This approach
is also codified
in the DPA Code of Practice, which states that the SFO will take into account whether a company has disclosed relevant witness accounts as a
public interest factor tending against a
prosecution.
penalizes the defendant for engaging
in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that
is brought
in the Supreme Court or the Provincial Court, but does not include a
prosecution for an offence or a crime; «
public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public interest» means the whole of the subject matter invites
public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public attention, or a matter
in which the
public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public has some substantial concern because it affects the welfare of citizens, or one to which considerable
public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public notoriety or controversy has attached; «
public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public participation» means communication or conduct aimed at influencing
public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public opinion, or promoting further lawful action by the
public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public or any government body,
in relation to an issue of
public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public interest; «Strategic Lawsuit Against
Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
Public Participation (SLAPP)» means a claim that arises from a form of expression or
public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public participation, by the person against whom the claim
is asserted that
was made
in connection with an official proceeding or about a matter of
public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public interest; Purposes of this Act: 2 The purposes of this Act
are to a) Establish a statutory right to
public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public participation for every individual; b) Encourage individuals to express themselves on matters of
public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public interest; c) Promote broad participation
in debates on matters of
public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of
public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pu
public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that
are not brought or maintained for an improper purpose.
Those who will
be consulted include the Judiciary, the Secretary of State for Justice, the Attorney General, the Director of
Public Prosecutions, the Bar Council, the Law Society, the Press Complaints Commission, and the Society of Editors in addition to interested members of the public via the Judiciary we
Public Prosecutions, the Bar Council, the Law Society, the Press Complaints Commission, and the Society of Editors
in addition to
interested members of the
public via the Judiciary we
public via the Judiciary website.
After detailed review of the
prosecution evidence, and with extensive discussions with the Crown Attorney, Joseph Neuberger
was able to establish that there
was no reasonable prospect of conviction and
in the circumstances of the alleged assault, it
was not
in the
public interest to prosecute.
Crown policy states that given the prevalence of partner abuse and the dangers inherent
in it, it will usually
be in the
public interest to proceed with these
prosecutions.
«Between, on the one hand, the
public interest in encouraging frankness on the part of witnesses (particularly parents)
in proceedings relating to children (a
public interest buttressed by
s 98 (2) itself) and, on the other, the
public interest in ensuring the
prosecution of those who commit serious offences against children — comes down firmly
in favour of the
public interest in encouraging frankness.»
Such cases
are subject to a high threshold scrutiny and
in many cases a
prosecution is unlikely to
be in the
public interest.
Conversely, it
is the obligation of the Crown Attorney to withdraw cases from
prosecution when he or she comes to the conclusion that either there
is no reasonable prospect of conviction or that
is not
in the
public interest to proceed.
In general, the Bureau will in most cases follow the civil track unless certain criteria are satisfied including clear and compelling evidence that misleading advertising was engaged in intentionally and that a criminal prosecution would be in the public interes
In general, the Bureau will
in most cases follow the civil track unless certain criteria are satisfied including clear and compelling evidence that misleading advertising was engaged in intentionally and that a criminal prosecution would be in the public interes
in most cases follow the civil track unless certain criteria
are satisfied including clear and compelling evidence that misleading advertising
was engaged
in intentionally and that a criminal prosecution would be in the public interes
in intentionally and that a criminal
prosecution would
be in the public interes
in the
public interest.
As a general guideline, the code states that
prosecution in cases of any seriousness shall usually take place unless there
are public interest factors against
prosecution that clearly outweigh those tending
in favor (Code for Crown Prosecutors, sec. 6.2).
The Prosecutor should consider whether there
is a reasonable prospect of conviction and whether it
is in the
public interest to proceed with the
prosecution of the charges (see Charge Screening Directive).
For example, if (i) the offender has repaired the damage or injury done (or at least has made every reasonable effort to compensate for the injustice caused), and (ii) the
public and private
interests in a criminal
prosecution are deemed low, the prosecutor or court may terminate the
prosecution without imposing sanctions.
In addition,
prosecution authorities may restrict the right to
be heard — which includes the right to inspect the file — if this
is required to safeguard
public or private
interests for preserving confidentiality (article 108 (1)(b) SCP).
Hitherto the two guiding principles have
been that a court should
be very reluctant to question a prosecutorial decision, especially where it has
been reached on policy or
public interest grounds, and second that once the
prosecution has framed its indictment the trial judge has no power to «go behind» it and enquire why it
is presented
in the way that it
is.
I hope that he will go a long way towards indicating that there
are very many factors against
prosecution in the
public interest in cases involving assistance to a person who
is mentally capable, where she or he has a terminal illness or incurable disease and decides to have an assisted suicide
in a county where it
is legal.»
«At a time when constitutional change
is in the air, the right of citizens to defend themselves against state - funded
prosecutions is not something that should
be manipulated
in a political way, but investigated impartially to appropriate savings and reforms that
are sustainable and
in the
public interest.»