Prosecuting against the Wishes of the Victim

  1. 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 :
  2. 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 :