Member

I turn briefly to the part played by the Crown Prosecution Service. All prosecutors must apply the statutory tests set out in the Code for Crown Prosecutors. The first stage, as is well known, is for prosecutors to consider whether there is sufficient evidence to prosecute. Even if there is, it is not the end of the matter. The prosecutor must then consider whether a prosecution is required in the public interest. We completely understand that children are not just miniature adults and that their brains work differently as they mature; indeed, some studies say that brains do not mature until the age of 25. It is for this reason, in recognising the neurological studies that have developed, that both the chronological age and the child’s maturity are specific public interest factors included in the Code for Crown Prosecutors, because they may point away from prosecution. A prosecutor must consider specific factors, including the best interests and the welfare of the child suspect and whether prosecution is likely to have a disproportionately adverse impact. The code makes it clear that the younger the child, the less likely it is that a prosecution is needed.