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The CPS must always consider whether a prosecution is in the public interest - and prosecuting a genuine refugee who has good reason for not being able to produce the correct travel documents, is never in the public interest.
"This was never going to be an easy case for a court to hear but that does not absolve the CPS of its duty to prosecute where there is sufficient evidence to do so and a prosecution is in the public interest," said Alison Saunders, of the CPS.
Today, Lebovits' prosecution is in danger of collapse.
Officials said the number of people being looked at for prosecution is in the single digits.
"We have determined that there is a realistic prospect of conviction and that a prosecution is in the public interest".
"We have decided there is sufficient evidence for a realistic prospect of conviction and that a prosecution is in the public interest".
Similar(41)
Despite ministers' claims that the government is getting tough on under-payers, the last successful criminal prosecution was in February 2013.
He said it was a ridiculous charge, and "crazy" to think that prosecution was in the public interest.
This confession was of course not admissible as evidence in court and the case for the prosecution was in fact very weak.
The prosecution was in effect "telling women not to take pills that are so safe they are on the World Health Organisation's essential medicines list.
The CPS has stressed that the facts of the Dharmasena case are yet to be heard in court, and said there was sufficient evidence and the prosecution was in the public interest.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com