Will it go to Court?
Once the police investigation is complete the police will refer the case to the Public Prosecution Service NI (PPS). The police will forward the case file, which includes witness statements and other evidence, so that the PPS can decide on whether there is enough evidence, and whether it is in the public interest, to prosecute.
A decision to prosecute
A decision to prosecute is based on two tests:
1. The Evidential Test - Is there enough evidence to believe that there is a reasonable prospect of getting a conviction? And;
2. The Public Interest Test - Is prosecution required in the public interest?
If it is decided that there is enough evidence to prosecute, and that it is in the public interest to do so, then the prosecutor will prepare the necessary court papers. If you are a prosecution witness, you should be informed by the PPS, at this stage that the case will be going to court and they will be there to advise and direct you through the process. They will advise you of the court date as early as possible and they will also be able to explain your role in the courtroom and the outcome of the case. It is also the role of the PPS to apply for any 'special measures' which you may need in court, should you have to attend court to give evidence. If you are a defence witness, you will be informed of the court date by the defence solicitor. He or she will also be responsible for the consideration and application of special measures, should you need them.
You may find it helpful to read some of the Questions in this section.