CPR 3701 ASSIGNMENT 2

QUESTION 1 1) The law gives a discretion to the NPA and individual prosecutors with regard to how they perform their functions, exercise their powers and carry out their duties. This discretion must, however, be exercised according to the law and within the spirit of the Constitution.1 In exercising his discretion, the prosecutor must respect the individual’s right not to be harassed by a prosecution that has no reasonable prospect of success. Occasionally there might be good grounds for refusing to prosecute despite the fact that a prima facie case exists. Such grounds may be the triviality of the offence; the advanced age or very young age of the accused; or the tragic personal circumstances of the accused (ie a father who has through his negligent driving caused the death of his young children).2 Once a prosecutor is satisfied that there is sufficient evidence to provide reasonable prospects of a conviction, a prosecution should normally follow. When considering whether or not to prosecute, prosecutors should consider all relevant factors, including:   The nature and seriousness of the offence  The seriousness of the offence, taking into account the effect of the crime on the victim, the manner in which it was committed, the motivation for the act and the relationship between the accused and the victim.  The nature of the offence, its prevalence and recurrence, and its effect on public order and m