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In the public interest......

  • 20-02-2020 10:47am
    #1
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭


    Inter alia, prosecutors making a charging decision have to have regard for whether or not it is the public interest to proceed.

    What exactly is the conceptual basis of the public interest in this context ?


Comments

  • #2
    KWAG2019
    Closed Accounts Posts: 834 ✭✭✭KWAG2019


    This has come up in several cases recently and it would be good to read a legal view of it here.


  • #3
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,581 Mod ✭✭✭✭Robbo


    The DPP's Guidelines for Prosecutors has a section on how the public interest influences a decision to prosecute (or not). It's at Sections 4.4 to 4.8.


  • #4
    KWAG2019
    Closed Accounts Posts: 834 ✭✭✭KWAG2019


    Robbo wrote: »
    The DPP's Guidelines for Prosecutors has a section on how the public interest influences a decision to prosecute (or not). It's at Sections 4.4 to 4.8.

    A very interesting read. I couldn’t see any definition of the public interest. It leads me to believe that it’s regarded by the legal profession as a concept best covered by my new phrase WKBOC. We know best old chap! I’ll await further elucidation.


  • #5
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    There is no hard and fast test at play, nor is there any definition, there is judicial discretion to decide what (if any interests) are at play, but in deciding on the public interests, other factors should be considered such as the interests of justice, the interests of all parties concerned and of course public policy.


  • #6
    KWAG2019
    Closed Accounts Posts: 834 ✭✭✭KWAG2019


    GM228 wrote: »
    There is no hard and fast test at play, nor is there any definition, there is judicial discretion to decide what (if any interests) are at play, but in deciding on the public interests, other factors should be considered such as the interests of justice, the interests of all parties concerned of course public policy.

    On an almost theoretical level I’m interested in this as a working out in one area of the old common law approach inherited from Britain against a more European rules based order. The older approach had a wonderful subtlety and flexibility and a process of intellectual induction akin to inculturation. That of course leads to old boys clubs and appalling vista land. On the other hand can a rules based system define something that is changing and developing without losing the agility to respond without a ponderous formal process of review? Is this philosophy of law?


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