Charging Policy

14. Prosecutors should apply The Statement of Prosecution Policy and Practice at all times. This means that prosecutors should consider:
    • whether there is sufficient evidence to justify the institution of proceedings on the basis that it affords a reasonable prospect of conviction; and
    • whether the public interest requires a prosecution to be pursued. The public interest will normally require that a prosecution be broughtin a case of domestic violence if the victim is willing to give evidence.
15. In deciding whether to prosecute a case involving domestic violence, the prosecutor should take the views of the victim into account, without treating them as determinative. The prosecutor should obtain information about the family circumstances and the likely effect of a prosecution on the members of the family. In general, the more serious the offence the more likely is it that the public interest will require a prosecution, even if the victim does not wish to co-operate.
16. Domestic violence often occurs in private. The victim may be the only witness who can testify to the commission of the offence, which the accused may deny. Unless the accused admits the offence and pleads guilty, the victim will in all likelihood be required to testify at court. But the prosecutor will actively consider what other evidence may be available. It is not to be assumed that bringing the victim to court to testify is the only way to prove a case.
17. On rare occasions, the public interest might not require a prosecution in cases involving domestic violence. Such situations might arise where :
    • the victim wishes to consider an alternative to prosecution;
    • the violence involved was minimal;
    • the accused has no history of spousal or other forms of violence such that the risk to the victim's safety can credibly be assessed as ‘low’;
    • the accused is motivated to change (as evidenced, for example, by participation in counselling sessions).