Criminal Law - When there is enough proof, do the police file a charge?
They almost generally file charges for serious offences if there is a chance of conviction, although they have discretion in smaller instances and when prosecuting juvenile offenders. As in the case of R. v. Coxhead [1986] R.T.R. 411 even when they have enough evidence to convict, they may be satisfied with warning or cautioning the perpetrator. Inspectors from the government follow the same code of conduct. The amount of crimes is so great that charges must be selective. It is not always advisable or even just to let the heavy hand fall. Too many prosecutions would eventually cause the structure of justice to crumble. However, a result of the current selective enforcement strategy is that numerous laws, including safety laws, are not sufficiently implemented. Furthermore, it is not totally commendable that different Chief Constables may have enforcement policies that differ significantly from one another.
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