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Originally Posted by katie tully the only input the cop has is to arrest them and maybe charge them, but once they're charged it goes to a prosecutor, and man i seriously don't think there are many prosecutors who would make a case against two 15 year olds |
You left out a little element called investigation. Although arrest and charge are often synonomous, it is indeed the investigation which forms the foundation (particularly for SIO such as sexual assault). Unfortunately, without investigation, there certainly would be no brief to be forwarded to the DPP. Once forwarded to the DPP, a determination will made with respect to the guidelines bounding the decision to prosecute, namely whether it would be in the public interest. (
www.odpp.nsw.gov.au contains all the information about what is considered to be 'in the public interest)