Will it go to Court Questions
Q. The Public Prosecution Service NI (PPS). Who are they?
A. The PPS is funded by Government, but it is completely independent in the decisions it makes. The service is responsible for how the case should be conducted, which includes dealing with whether or not the case should continue. It prosecutes on behalf of the public as a whole and not just in the interests of the victim. The PPS is responsible for all public prosecutions in Northern Ireland. Information on how you can contact the PPS is detailed in the 'Contacts Section'.
Q. What decisions can the PPS make?
A. They can:
- Decide to prosecute, which means the case will go to court and you may be called to give evidence;
- Make a recommendation of 'no prosecution' which means that the case will go no further;
- Recommend that a caution is given by the police;
- Apply an informed warning. The Public Prosecutor may require police to administer an informed warning to the defendant. An informed warning is a formal reprimand by police and, although it is not a conviction, it is recorded on a person's criminal record for a period of 12 months.
- Refer the case to the Youth Conference Service for a Diversionary Youth Conference.
Q. What is the Evidential Test?
A: The Evidential Test is the assessment of whether there is a reasonable prospect of conviction. It considers whether the magistrate or jury are likely to convict the defendant of the charge alleged, based on the evidence brought before the court. If there is not a reasonable prospect of convicting the accused, the case cannot go ahead, regardless of how important or serious it may be.
Q. What does 'reasonable prospect of conviction' mean?
A: A reasonable prospect of conviction means that the magistrate or jury are more likely than not to convict the defendant. If there is not a reasonable prospect of conviction the case will not go ahead.
Q. What is the public interest test?
A. If the prosecutor decides that there is a realistic prospect of conviction, he or she must then consider whether it is in the public interest to prosecute the defendant. While the public interests will vary from case to case, broadly speaking, the more serious an alleged offence, the more likely it will be that a prosecution is needed in the public interest. For a more detailed explanation of 'test for prosecution' visit the Public Prosecution Service website at Public Prosecution Service website.
Q. What information can I expect to receive from the PPS?
A. If you are a prosecution witness, PPS will advise you in writing of the court date and venue and will as far as possible, subsequently advise you of any adjournments or delay to the trial, should this be the case. It is also the role of the PPS to apply for any 'special measures' which you may need in court.
Q. I have heard of Community Liaison Teams. What are they?
A. The PPS has established 'Community Liaison Teams' consisting of dedicated staff who can provide information at stages of the prosecution process. They also provide an information line which you can contact to clarify queries you may have about the case and can also, if you wish, directly refer you to a specialist support agency such as Victim Support.
Community Liaison Teams support are currently available to prosecution witnesses in magistrates' and Youth Court proceedings.
Q. Will I get to meet the PPS prosecutor before the day of the trial?
A. If you are a prosecution witness, you will meet with the prosecutor, but this does not usually happen until you attend court for the trial. However, if you are a child or an adult who is vulnerable or intimidated, or your case is of a particularly serious or complex nature, the prosecutor may meet with you on a date before the trial.
Q. If I am a prosecution witness, will the defendant see copies of my statement?
A. Yes. If the defendant has legal representation, then copies of all the statements will be sent to the defence solicitor, who may then send copies to their client. If the defendant does not have legal representation, the police will send copies of the statements straight to the defendant.
Q. If I am a prosecution witness, will the defendant be given my address?
A. No. Under our present law, the defendant is usually entitled to know the names of witnesses who are giving evidence against them, but they are not entitled to know their address or other contact details. The police will record your address, but these details will not be included when either they, or the prosecution, send copy statements to the defence.
Q. What does the defence do?
A. A person suspected of a crime has the right to have legal representation, but they do not have to. If they choose to have legal representation, then a solicitor or legal representative can offer them legal advice and sit with them whilst they are being interviewed by the police.
Once a person has been charged with an offence, they are often referred to as the defendant. If the defendant decides to appoint a solicitor, it is the defence solicitor's job to advise the defendant on the best course of action. If that is to plead not guilty, it is their job to defend the allegations and to ensure that the defendant receives a fair trial. If the defendant decides to plead not guilty, their solicitor (if they have appointed one) will start the defence's case by evaluating all the prosecution evidence against the defendant and they will also investigate whether any witnesses could help their case in court.
Q. I gave information to the police but have been called as a defence witness. Will I have to see the defence solicitor?
A. Yes. There is no ownership of witnesses. This means that, in some cases, witnesses who originally give information to the police can be asked to give evidence for the defence in court. The defence solicitor may ask that you give evidence on behalf of the defence instead of the prosecution. You may not be happy about this, but it is important to remember that both sides need to be able to show their evidence for a fair trial to ensure that the right person is convicted. Whether or not you give evidence for the prosecution or the defence will depend on which side thinks your evidence is the most helpful to their case.
Q. What is Youth Conferencing?
A. Youth conferencing is a relatively new scheme designed to keep youths out of the criminal justice system as far as possible and instead apply restorative methods to try and reform young offenders. Many young people will be referred to the service by the PPS and will therefore not have to attend court and be prosecuted. This is known as a Diversionary Youth Conference. A person aged between 10 and 17, who has committed an offence, who has admitted guilt, and who has agreed to come to a conference, can be referred by the PPS. A Youth Conference is a meeting between the offender, their family and the victim.
Q. What happens at the Youth Conference meeting?
A. The aim of the meeting is to agree an action plan for the offender which seeks to prevent further offending and make amends to the victim. This can include a payment to the victim, not exceeding the cost of replacing or repairing any property taken, destroyed or damaged by the offender, or the offender can make reparation for the offence to the victim, or the community at large. If the offender is 16 years or older, they can agree to perform unpaid work or service in the community.
Q. Do I need to take part in the conference?
A. If you are a witness solely (and not a victims), you will not be involved in the process.