Public interest considerations for prosecutions in the Magistrates Court

While investigating a prosecution of a conduct provision, the following public interest considerations are taken into account:

• the seriousness of the alleged offending
• are there any mitigating or aggravating circumstances
• the availability and effectiveness of any alternatives to dealing with the matter as a breach of a conduct provision (i.e. dealing with the misconduct)
• the councillor’s previous disciplinary history and/or compliance with disciplinary orders
• is the alleged breach a continuing or subsequent offence
• how often offences of this kind occur and whether there is a need for deterrence
• statutory time limits on bringing a prosecution
• the age and physical or mental health of the councillor
• the length and expense of any court hearing
• if the councillor is convicted, what are the possible penalties available
• whether charging a councillor may result in their immediate suspension, whether this is proportionate given the prospects of success upon prosecution, and the likelihood of a conviction being recorded
• whether charging a councillor may result in their immediate suspension, whether this is proportionate given the impact on constituents; and proximity to a local government election
• the need to maintain public confidence in local government.