Proceedings are usually started by the police, so what happens at the police station is important for someone who arrives there with a mental illness.

Sometimes the police may consult the Crown Prosecution Service before starting a prosecution. [ ed. they should do when a mental illness is present - how do they know - they ask the local police surgeon, who likely has no experience to decide about the vagaries of mental illness ]
Each case that the Crown Prosecution Service receives from the police is reviewed to make sure it meets the evidential and public interest tests set out in this Code.
Crown Prosecutors may decide to continue with the original charges, to change the charges, or sometimes to stop the case.

Review is a continuing process and Crown Prosecutors must take account of any change in circumstances. Wherever possible, they talk to the police first if they are thinking about changing the charges or stopping the case.
This gives the police the chance to provide more information that may affect the decision. The Crown Prosecution Service and the police work closely together to reach the right decision, but the final responsibility for the decision rests with the Crown Prosecution Service.

The Crown Prosecution Service, where necessary, applies Home Office guidelines about how to deal with mentally disordered offenders.

Crown Prosecutors must balance the desirability of diverting a defendant who is suffering from significant mental or physical ill health with the need to safeguard the general public

6. The Public Interest Test

6.1 In 1951, Lord Shawcross, who was Attorney General, made the classic statement on public interest, which has been supported by Attorneys General ever since: "It has never been the rule in this country ; I hope it never will be ; that suspected criminal offences must automatically be the subject of prosecution". (House of Commons Debates, volume 483, column 681, 29 January 1951.)
6.2 The public interest must be considered in each case where there is enough evidence to provide a realistic prospect of conviction. A prosecution will usually take place unless there are public interest factors tending against prosecution which clearly outweigh those tending in favour. Although there may be public interest factors against prosecution in a particular case, often the prosecution should go ahead and those factors should be put to the court for consideration when sentence is being passed.
6.3 Crown Prosecutors must balance factors for and against prosecution carefully and fairly. Public interest factors that can affect the decision to prosecute usually depend on the seriousness of the offence or the circumstances of the suspect. Some factors may increase the need to prosecute but others may suggest that another course of action would be better.
The following lists of some common public interest factors, both for and against prosecution, are not exhaustive. The factors that apply will depend on the facts in each case.
Some common public interest factors in favour of prosecution

6.4 The more serious the offence, the more likely it is that a prosecution will be needed in the public interest. A prosecution is likely to be needed if:

  1. a conviction is likely to result in a significant sentence;
  2. a weapon was used or violence was threatened during the commission of the offence;
  3. the offence was committed against a person serving the public (for example, a police or prison officer, or a nurse);
  4. if the identity of the defendant is likely to be questioned, is the evidence about this strong enough?
  5. the defendant was in a position of authority or trust;
  6. there is evidence that the offence was premeditated;
  7. there is evidence that the offence was carried out by a group;
  8. the victim of the offence was vulnerable, has been put in considerable fear, or suffered personal attack, damage or disturbance;
  9. the offence was motivated by any form of discrimination against the victim&39;s ethnic or national origin, sex, religious beliefs, political views or sexual orientation, or the suspect demonstrated hostility towards the victim based on any of those characteristics;
  10. there is a marked difference between the actual or mental ages of the defendant and the victim, or if there is any element of corruption;
  11. the defendant&39;s previous convictions or cautions are relevant to the present offence;
  12. the defendant is alleged to have committed the offence whilst under an order of the court;
  13. there are grounds for believing that the offence is likely to be continued or repeated, for example, by a history of recurring conduct;
  14. the offence, although not serious in itself, is widespread in the area where it was committed.
Some common public interest factors against prosecution

6.5 A prosecution is less likely to be needed if:

  1. the court is likely to impose a nominal penalty;;
  2. the defendant has already been made the subject of a sentence and any further conviction would be unlikely to result in the imposition of an additional sentence or order, unless the nature of the particular offence requires a prosecution;
  3. the offence was committed as a result of a genuine mistake or misunderstanding (these factors must be balanced against the seriousness of the offence);
  4. the loss or harm can be described as minor and was the result of a single incident, particularly if it was caused by a misjudgement;
  5. there has been a long delay between the offence taking place and the date of the trial, unless:
    • the offence is serious;

    • the delay has been caused in part by the defendant;

    • the offence has only recently come to light; or

    • the complexity of the offence has meant that there has been a long investigation;
  6. a prosecution is likely to have a bad effect on the victim's physical or mental health, always bearing in mind the seriousness of the offence;
  7. the defendant is elderly or is, or was at the time of the offence, suffering from significant mental or physical ill health, unless the offence is serious or there is a real possibility that it may be repeated. The Crown Prosecution Service, where necessary, applies Home Office guidelines about how to deal with mentally disordered offenders.
Crown Prosecutors must balance the desirability of diverting a defendant who is suffering from significant mental or physical ill health with the need to safeguard the general public

  1. the defendant has put right the loss or harm that was caused (but defendants must not avoid prosecution solely because they pay compensation); or
  2. details may be made public that could harm sources of information, international relations or national security;
6.6 Deciding on the public interest is not simply a matter of adding up the number of factors on each side. Crown Prosecutors must decide how important each factor is in the circumstances of each case and go on to make an overall assessment.
The relationship between the victim and the public interest
6.7 The Crown Prosecution Service prosecutes cases on behalf of the public at large and not just in the interests of any particular individual. However, when considering the public interest test Crown Prosecutors should always take into account the consequences for the victim of the decision whether or not to prosecute, and any views expressed by the victim or the victim and family.
6.8 It is important that a victim is told about a decision which makes a significant difference to the case in which he or she is involved. Crown Prosecutors should ensure that they follow any agreed procedures.
Youths
6.9 Crown Prosecutors must consider the interests of a youth when deciding whether it is in the public interest to prosecute. However Crown Prosecutors should not avoid prosecuting simply because of the defendant's age. The seriousness of the offence or the youth's past behaviour is very important.
6.10 Cases involving youths are usually only referred to the Crown Prosecution Service for prosecution if the youth has already received a reprimand and final warning, unless the offence is so serious that neither of these were appropriate. Reprimands and final warnings are intended to prevent re-offending and the fact that a further offence has occurred indicates that attempts to divert the youth from the court system have not been effective. So the public interest will usually require a prosecution in such cases, unless there are clear public interest factors against prosecution.
Police Cautions
6.11 These are only for adults. The police make the decision to caution an offender in accordance with Home Office guidelines.
6.12 When deciding whether a case should be prosecuted in the courts, Crown Prosecutors should consider the alternatives to prosecution. This will include a police caution. Again the Home Office guidelines should be applied. Where it is felt that a caution is appropriate, Crown Prosecutors must inform the police so that they can caution the suspect. If the caution is not administered because the suspect refuses to accept it or the police do not wish to offer it, then the Crown Prosecutor may review the case again.



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