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Consider whether the conduct: In cases of any seriousness, a prosecution will usually take place unless there are public interest factors tending against prosecution which clearly outweigh those tending in favour.

Although there may be public interest factors against prosecution in a particular case, prosecutions for public justice offences should usually go ahead and those factors should be put to the court for consideration when sentence is being passed.

Adoption of this standard should lead to a reduction in the number of times charges have to be amended which in turn should lead to an increase in efficiency and a reduction in avoidable extra work for the police and the Crown Prosecution Service.

The guidance set out in this charging standard: The following factors will be relevant to all public justice offences when assessing the relative seriousness of the conduct and which offence, when there is an option, should be charged.

Regard must be had to the factors outlined in General Charging Practice, above in this guidance and in Charging Practice for Public Justice Offences, above in this guidance, which help to identify the seriousness of the conduct.

If the seriousness of the offence can properly be reflected in any other charge, which would provide the court with adequate sentencing powers, and permit a proper presentation of the case as a whole, that other charge should be used unless: (2002) TLR 10/4/02 the Court cautioned against adding a count of perverting the course of justice when the conduct could properly be treated as an aggravating feature of the principal offence.

The course of justice starts when: [2000] EWCA Crim 1033 it was held that where the prosecution case is that a false allegation has been made, all that is required is that the person making the false allegation intended that it should be taken seriously by the police.

It is not necessary to prove that she/he intended that anyone should actually be arrested.

This allows a Court to re-sentence an individual who has deceived it about circumstances which were or might have been taken into account in deciding whether, or for how long, to disqualify that person.

The purpose of charging standards is to make sure that the most appropriate charge is selected, in the light of the facts, which can be proved, at the earliest possible opportunity.

This will help the police and Crown Prosecutors in preparing the case.

It is likely that perverting the course of justice will be the appropriate charge when: Due to their sensitivity, and to ensure a consistent approach, all cases involving an allegation of rape in which consideration is given to prosecuting the complainant for perverting the course of justice must be referred to the Director of Public Prosecutions.

All cases referred to the CPS by the police, including those which are not thought to pass the Full Code Test, must be sent with an MG3 form including an analysis of the evidence and any legal issues submitted.

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