Decision to Prosecute
The word ‘prosecute’ means to conduct legal proceedings against a person or an organisation.
The Attorney General’s Chambers for the Isle of Man (AG’s) is the prosecuting authority for the Isle of Man. You can find out more about the Attorney General’s Chambers and what they do on the Isle of Man’s Courts of Justice website.
The police send their investigation file to the AG’s who then make the decision whether or not someone will be prosecuted for the offence. You will be notified by the Police Officer who is in charge of your case.
A decision to prosecute is based on two tests:
- The evidential test – is there enough evidence to believe there is reasonable prospect of a conviction? AND
- The public interest test – is it in the public interest to prosecute?
If the prosecutor decides that there is enough evidence to prosecute, and that it is in the public interest to do so, they will decide what offences to prosecute the person for, and prepare and present the case at court. The AG’s prosecutors represent victims at court. Once the AG’s receive the investigation file from the police.