Evidential considerations
If the factors tending towards prosecution and, or enforcement order proceedings outweigh those against the following evidential factors will be considered to ensure that there is a realistic prospect of conviction or obtaining the court order:
- whether there is sufficient evidence to meet the required burden of proof
- whether the evidence is admissible
- whether the evidence is reliable
- whether the suspect can make out a statutory defence
- the ability and, or willingness of any witness to co-operate