Prosecuting against the Wishes of the Victim
- In some cases the violence may be so serious, or the previous history shows such a real and continuing danger to the victim or the children or other person, that the public interest in pursuing a prosecution has to outweigh the victim's wishes. If the prosecutor concludes that the case should continue and that it is necessary to rely on the victim's evidence to prove the case, it has to be decided :
- whether an application could be made to use the victim's statement in evidence without the victim having to testify, under Section 65B of the Criminal Procedure Ordinance, Cap 221;
- whether the prosecution can proceed by helping the victim to attend court by the use of special measures, such as CCTV;
- whether the victim should be compelled to give evidence in person in court.
- If the victim freely decides to withdraw support for the prosecution but there is still enough evidence to proceed, the prosecutor must decide whether to prosecute in reliance upon the other evidence. The safety of the victim and any children will be considered at this stage. Relevant factors also include :
- the seriousness of the offence;
- the victim's injuries, whether physical or psychological;
- the chances of the accused offending again;
- whether the accused planned the attack;
- if the accused used a weapon;
- the making of threats before or after the attack;
- if there are any children living in the household;
- the continuing threat to the health and safety of the victim or anyone else who is, or may become, involved;
- the current state of the victim's relationship with the accused;
- the history of the relationship, particularly if there has been any violence in the past;
- the accused's criminal history, particularly any previous violence.