Doesn't have to be. What physical evidence would there have been for Stuart Hall or Jimmy Savile after all that time had passed? Doesn't make them less guilty.
Re: you cannot see for the life you how there was any realistic prospect of a conviction
The CPS prosecutor clearly thought there was. This is what they had to satisfy to want to take the case forward
The Evidential Stage
4.4 Prosecutors must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. They must consider what the defence case may be, and how it is likely to affect the prospects of conviction. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may be.
4.5 The finding that there is a realistic prospect of conviction is based on the prosecutor's objective assessment of the evidence, including the impact of any defence, and any other information that the suspect has put forward or on which he or she might rely. It means that an objective, impartial and reasonable jury or bench of magistrates or judge hearing a case alone, properly directed and acting in accordance with the law, is more likely than not to convict the defendant of the charge alleged. This is a different test from the one that the criminal courts themselves must apply. A court may only convict if it is sure that the defendant is guilty.
4.6 When deciding whether there is sufficient evidence to prosecute, prosecutors should ask themselves the following:
Can the evidence be used in court?
Prosecutors should consider whether there is any question over the admissibility of certain evidence. In doing so, prosecutors should assess:
a.the likelihood of that evidence being held as inadmissible by the court; and
b.the importance of that evidence in relation to the evidence as a whole.
Is the evidence reliable?
Prosecutors should consider whether there are any reasons to question the reliability of the evidence, including its accuracy or integrity.
Is the evidence credible?
Prosecutors should consider whether there are any reasons to doubt the credibility of the evidence.
Posted By: Johnny Comecardiff, Sep 10, 15:57:42
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