Will it go to Court? Questions

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 the case should continue. It prosecutes on behalf of the public as a whole and not just in the interests of the victim. Information on how you can contact the PPS, is detailed in the 'Contacts Section' of the walkthrough.

How is the Public Prosecution Service changing?
A: Following the Criminal Justice Review, a major review carried out in 2000, a new public prosecution service, the Public Prosecution Service NI (PPS), has been created and is currently being developed across Northern Ireland. It, essentially, takes over the role of the former Department for the Director of Public Prosecutions (DPP), but goes beyond the DPP role, as it will be responsible for all public prosecutions in Northern Ireland (which includes those currently carried out by the police in magistrates' courts). The head of the PPS is still known as the 'Director of Public Prosecutions'.

What is the Evidential Test?
A: The Evidential Test is the assessment of whether the judge or jury are reasonably likely to convict. It considers whether the magistrate or jury are more likely than not to convict the defendant of the charge alleged, based on the evidence brought before the court. If there is not a reasonablerealistic prospect of convicting the accused, the case cannot go ahead, regardless of how important or serious it may be.

What is the public interest test?
A: If the prosecutor decides that there is a reasonable 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.

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;
- They can make a recommendation of 'no prosecution' which means that the case will go no further. They will try to explain, as far as is practicable, their reason for making this decision;
- 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.
In all cases, you will be informed of the PPS decision by the police or the PPS, depending on who is responsible for prosecuting your case.

What information can I expect to receive from the PPS?
A: The PPS will providing information to you on the progress of the case you are involved in at key stages, from the point they receive the case file from the police, to the outcome of your case and can make referrals to other specialist organisations..

If the case you are involved in is going to court, they will advise you, as far as possible, of any adjournments or delay to the trial and will also let you know the outcome of the trial if you have left the courtroom before it has finished. It is also the role of the PPS to apply for any 'special measures' which you may need in court.

I have heard of Community Liaison Teams. What are they?
A: The PPS has established 'Community Liaison Teams' consisting of dedicated, specially trained staff who can provide information and assistance to witnesses during the progress of the case. 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 Team support is available in those areas where the new PPS has been developed.

Will I get to meet the PPS prosecutor before the day of the trial?
A: You will not usually meet the prosecutor 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.

What is Youth Conferencing?
A: Youth conferencing gives young offenders the opportunity to understand and make amends to their victims for the consequences of their offending and to take steps to stop future crime. It involves victims, the young person's family, the police, the community and supporters meeting to reach an agreed decision on wht can be done to put right the harm.

Young people can be referred to youth conferencing by the Public Prosecution Service (known as a Diversionary Youth Conference) or by the courts (known as a Court Ordered Conference).

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 an apology to the victim of the cirme; participation in activities to address offending behaviour; restrict the offenders conduct or whereabouts; a payment to the victim, not exceeding the cost of replacing or repairing any property taken, destroyed or damaged by the offender; reparation by the offender 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.

Do I need to take part in the conference?
A: Your participation is entirely voluntary. A Youth Conference Co-ordinator will meet with you and prepare you for what to expect during the conference. You can bring supporters to help you. If you do not wish to attend, your views and feelings can be told to the offender in other ways, as by a written or video recorded statement.

How can I benefit from a Youth Conference meeting?
A: This experience can be a great way for you to put the experience of being the victim of a crime behind you, and move forward in your life. It allows you to get answers first hand from the offender without having to go through the ordeal of going to court. Support and guidance will be offered throughout the process and Victim Support can also be at hand if you desire more support. At a conference you:
- Will get a chance ask the offender many questions, such as "why me?" and "will it happen again?";
- Will be able to explain to the young offender the full effects their actions have had on you;
- Have the opportunity to meet with the offender face to face, by phone or by video link;
- Can give the offender some idea of how they could make up for what they have done and;
- Should be able to hear an apology from the offender.