Prosecutors have a duty to withdraw cases if the case
does not reach the charging standard (Attorney General
of the Union Law 2010, Art 36(i); United Nations
Convention against Corruption, Article 11
implementation guide and evaluative framework).
Step 1: Is success likely:
•
Is there evidence to prove every element of the
crime beyond a reasonable doubt? Is the evidence
accessible, admissible, reliable?
•
Are the witnesses credible?
•
Are there strong defences available to the accused?