Decision to Prosecute
The word ‘prosecute’ means to conduct legal proceedings against a person or an organisation.
The Public Prosecution Service for Northern Ireland (PPS) is the prosecuting authority for Northern Ireland and is independent from the police and the Government. You can find out more about the PPS and what they do at their website www.ppsni.gov.uk
The police send their investigation file to the PPS who then make the decision whether or not someone will be prosecuted for the offence. You will be notified by the Victim and Witness Care Unit when the file is passed. The VWCU will provide you with a case officer who you can contact directly if you have any queries or concerns.
A decision to prosecute is based on two tests:
- The evidential test – is there enough evidence to believe there is reasonable prospect of a conviction? AND
- The public interest test – is it in the public interest to prosecute?
If the prosecutor decides that there is enough evidence to prosecute, and that it is in the public interest to do so, they will decide what offences to prosecute the person for, and prepare and present the case at court. The PPS lawyers represent victims at court.
Once the PPS receive the investigation file from the police, you will be contacted by the Victim and Witness Care Unit, which is a single point of contact for victims and witnesses during the prosecution process. The service is staffed jointly by the police and the PPS, as well as Victim Support NI. The unit will provide you with the name of your case officer and their contact details. They will seek your views on what contact you wish to have with them, and how you would like to be contacted. They will also conduct an initial individual needs assessment to identify whether you need any additional support and refer you to other support services as appropriate.
