In her ruling, Justice Blackburne said the prosecution was required to bring Mr. Hodges to trial within six months.
Democrats on the House Judiciary Committee quickly dubbed the new guidance "the Christie amendment" because it was seen as a response to the disclosure that Bristol-Myers Squibb, as part of an agreement with Mr. Christie's office in 2006 to avoid prosecution, was required to endow a chair in business ethics at the law school at Seton Hall University, his alma mater.
The test is whether there is enough evidence to provide a realistic prospect of a conviction and whether a prosecution is required in the public interest.
It is important to appreciate and keep in mind the questions that the CPS has addressed in this case, namely whether there is enough evidence resulting from the investigation to provide a realistic prospect of conviction and, if so, whether a prosecution is required in the public interest.
In addition, they say, neither the judge nor the prosecution is required to act on the basis of expert opinion, which means that the question of Mr. McMillian's mental capacity -- and his fate -- could be left for a jury to decide.
Lawyers must also decide if the prosecution is required in the public interest.
"I then considered the second stage of the test, and I have concluded that a prosecution is required in the public interest in relation to each of the other six.
The Code for Crown Prosecutors says that, when assessing if a prosecution is in the public interest, consideration should be given "as to whether the suspect is, or was at the time of the offence, suffering from any significant mental or physical ill health as in some circumstances this may mean that it is less likely that a prosecution is required".
I then considered the second stage of the test, applying the DPP's interim guidelines on assessing the public interest in cases involving the media, and I have concluded that a prosecution is required in the public interest in relation to each of these eight suspects.
The prosecution is required to share evidence, but not strategy, with the defense.
According to a somewhat unusual Colorado law, when a "not guilty by reason of insanity," plea is entered, the prosecution is required to prove a suspect is sane, rather than the defense being obligated to prove them insane.
