9. The Decision to Prosecute will be taken in line with the Code for Crown Prosecutors
9.1. The code is issued by the Attorney General which states that the decision to prosecute an individual is a serious step. Fair and effective prosecution is essential to the maintenance of law and order and therefore careful consideration will be given before agreeing to institute court proceedings under Section 444 of the Education Act 1996.
General Principles
9.2. Each case is unique and must be considered on its own merit.
9.3. The right person is prosecuted for the right offence which underlines the importance of having up to date information on school records of all those with parental responsibility as well as day-to-day care and supervision. It is essential that schools regularly up-date their contact details.
9.4. There is sufficient evidence to provide a realistic prospect of conviction and consideration must be given to what the defence case may be and how that is likely to affect the prosecution case.
9.5. Is the evidence reliable? It is therefore essential that schools ensure that they are satisfied with the accuracy of the register and registration codes used.
There are also Public Interest factors against prosecution which must be considered:
9.6. The offence was committed because of a genuine mistake or misunderstanding.
9.7. A prosecution is likely to have a detrimental effect on the victim’s physical or mental health.
9.8. The defendant is suffering from mental or physical ill-health.
9.9. At the point of considering issuing a penalty notice the above principles should be considered. However, should these issues only come to the notice of the school or Local Authority once the notice has been issued, a withdrawal will be considered in discussion with the school’s Attendance Lead.
9.10. When a Notice is withdrawn, no proceedings under Section 444 of the Education Act 1996 shall be instituted against the recipient in respect of the period covered by the original Penalty Notice.