§ Mr. JannerTo ask the Attorney-General if he will list the criteria used to assess whether the public interest is served by the prosecution of those alleged to have published or distributed anti-Jewish literature.
§ The Attorney-GeneralAn assessment concerning the public interest is relevant only whenever it is considered that there is a realistic prospect of securing a conviction for an offence.
The general considerations applicable to the public interest aspect of the decision whether to prosecute are set out at paragraphs 7 to 9 of the code for Crown prosecutors. This guidance is necessarily in general terms because individual cases have to be considered on their own merits. Factors likely to be of particular relevance to cases of the nature referred to in the hon. and learned Member's question are the prevalence of the conduct and its seriousness. In this context the Director of Public Prosecutions and I have made plain our view that we regard the publication and distribution of material which offends against the provisions of part III of the Public Order Act 1986 as a serious matter.
The criteria set out in the code are founded on the observations of the right hon. and noble Lord, Lord Shawcross, a former Attorney-General, which are quoted in the code, who said that regard must be had to
the effect which the prosecution, successful or unsuccessful as the case may be, would have upon public morale and order, and with any other considerations affecting public policy".