Nine Critical Factors in Prosecution Decision-Making

Prosecutors are critical players in the criminal justice process. The decisions they make have huge implications for defendants, victims and the wider public. Yet, the factors that influence their decisions are little understood. This article presents new empirical findings drawn from interviews with Crown Prosecutors. It reveals nine important factors that influence Crown Prosecutor decision-making. Together, these nine factors paint a much wider and richer picture of how and why Crown Prosecutors make decisions than has hitherto been presented in research or that is described in the Code for Crown Prosecutors. The article concludes by considering the implications for prosecution policy and practice from this new, richer and wider perspective.