Special reports

Q1. Does the PPS investigate crimes?

No. Crimes are investigated by the Police Service of Northern Ireland (PSNI). When the PSNI investigate a crime, they send a file to the PPS to decide who is to be prosecuted and for what offences.

Q2. Is the PPS independent?

Yes. The PPS is independent of Government and the PSNI when carrying out its functions. No one can make the PPS prosecute a particular case nor stop it from doing so.

Q3. How does the PPS reach a decision to prosecute?

When the PSNI complete their investigation, they send a file to the PPS. The prosecutor must decide whether there is sufficient evidence to put a person on trial. The Test for Prosecution is met if:-

• the evidence which can be adduced in court is sufficient to provide a reasonable prospect of conviction – the Evidential Test; and

• prosecution is required in the public interest, that is that a prosecution must be for the benefit of society as a whole – the Public Interest Test.

Each aspect of the test must be separately considered and passed before a decision to prosecute can be taken.

In order to convict the judge or jury have to be satisfied that they are sure that a person is guilty beyond a reasonable doubt. It is not enough for them to think that the accused might be or is probably guilty.

Even where the victim’s account is believable, the evidence may simply not be strong enough to prosecute anyone. For this reason, it is important to know if there is independent evidence that supports the victim’s account. This could be evidence from a witness or forensic evidence such as fingerprints or bloodstains. Independent evidence can make a stronger case than a case based on one person’s word against another’s.

The decision to prosecute or not to prosecute is very important. If someone is prosecuted they are likely to suffer disruption to their lives and worry. On the other hand, a decision not to prosecute can cause great distress and upset to a victim. So the PPS must carefully consider whether or not to prosecute in every case.

Q4. Does the PPS prosecute cases on behalf of victims?

The PPS prosecutes cases on behalf of the whole community, not on behalf of any one individual. For this reason, the views of the victim while very important, and fully taken into account, cannot be the only consideration when deciding whether or not to prosecute.

Q5. What can a victim of crime expect from the PPS?

The PPS will treat all victims of crime and other witnesses with courtesy and respect. We will make every effort to keep them informed of the progress of their case. And if a victim or witness contacts us we will address this query quickly and with as much detail as possible.

Written by Stephen Burnside, Regional Prosecutor for Belfast.