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12. Where essential witnesses are children is it likely that they will be able to give sworn evidence?
13. Are there any grounds for believing the relevant evidence may be excluded as legally inadmissible or as a result of some recognised judicial discretion?
14. Where the case is largely dependent upon admissions made by the defendant, are there grounds for suspecting that they may be unreliable given the surrounding circumstances including his or her age, intelligence and apparent understanding?
15. If identity is likely to be an issue is the evidence that it was the defendant who committed the offence sufficiently cogent and reliable?
16. Where several defendants are to be tried together is there sufficient evidence to prove the case against each?
    

This list is by no means exhaustive. The factors which need to be considered will depend upon the circumstances of each individual case. However it may serve to demonstrate the complexity of the assessment which may be required.

2.5 If the assessment leads the prosecutor to conclude that there are reasonable prospects of a conviction he or she must then consider whether it is in the interests of the public that the prosecution proceed. In many cases the answer to that question will be obvious, but from time to time it will require careful analysis and considered judgment. Many factors may be relevant, including the following:

1. The seriousness or, conversely, the triviality of the alleged offence;
2. Whether it is of a "technical" nature only;
3. In appropriate cases, whether the defendant may not have known that the conduct in question was an offence and could not reasonably have been expected to have known;
4. Any mitigating or aggravating circumstances;
5. The youth, age, intelligence, physical health, mental health or special infirmity of the alleged offender or victim;
6. The antecedents and background of the alleged offender;
7. The staleness of the alleged offence;
8. The degree of culpability of the alleged offender in relation to the offence;
9. The effect on public order and morale;
10. The obsolescence or obscurity of the law;
11. Whether the prosecution would be perceived as counterproductive, for example, by bringing the law into disrepute;
12. The availability and efficacy of any alternatives to prosecution;
13. The prevalence of the alleged offence and need for deterrence, both personal and general;

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ANNUAL REPORT  2011-12  DIRECTOR OF PUBLIC PROSECUTIONS                                                                                    70