Will it go to Court?

Once the police investigation is complete the police will either:

- Proceed with the case themselves. If the crime is of a less serious nature such as common assault, criminal damage or theft, it will be heard at the magistrates' court. At present the police are responsible for most magistrates' court prosecutions. However, this is changing. Under the Criminal Justice Review, a major review carried out in 2000, a new Public Prosecution Service, the PPS (NI) will eventually become responsible for all public prosecutions in Northern Ireland.

or

- Refer the case to the Public Prosecution Service NI (PPS). The PPS deals with all serious criminal cases such as murder, sexual offences, serious assaults and many others. PPS are also currently responsible for some magistrates' court cases. In those cases where the PPS is responsible, 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 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. At this stage you should be informed by the PPS that it will be going to court and they will be there to advise and direct you through the process; they will keep you informed about the progress of your case, and should the case go to court, of your role in the courtroom and the outcome of your case. It is also the role of the PPS to apply for any 'special measures' which you may need in court.

More information on special measures can be found in the Going to Court section of this walkthrough.

You may also find it helpful to read some of the frequently asked questions in this section.