DAN BERLADYN

Wordpress Post Archive

Datetime: 2018-09-14 21:51:23 +0000
Post Title: Public Interest Test
If Crown Counsel is satisfied that the evidentiary test is met, Crown Counsel must then determine whether the public interest requires a prosecution. Protection of society is a paramount concern of the criminal justice system. Justice does not require that every provable offence must be prosecuted. The resources of the criminal justice system are not unlimited. If reasonable alternatives are available, they should be pursued. Prosecution should be reserved for cases requiring the full force of the criminal justice system, with all its available sanctions. In assessing the public interest, Crown Counsel should take into account the particular circumstances of each case and the reasonable public safety concerns of the local community. Hard and fast rules cannot be imposed. Crown Counsel should consider and weigh the following factors to the extent they are relevant to any particular case. 1. Public Interest Factors that Weigh in Favour of Prosecution • the seriousness of the allegations • the likelihood of significant sentence upon conviction • the seriousness of the harm caused to a victim • the use, or threatened use, of a weapon • the relative vulnerability of the victim (Abduction of Children by Parent/Guardian, (ABD 1), Children and Vulnerable Youth – Crimes Against (CHI 1), Elder Abuse – Offences Against Elders (ELD 1), Intimate Partner Violence (IPV 1), and Vulnerable Victims and Witnesses – Adults (VUL 1)) • the alleged offender’s history of relevant previous convictions or previous allegations that resulted in alternative measures • the alleged offender’s position of authority or trust in relation to the victim • evidence of premeditation