Is there sufficient information / evidence?
When MBIE receives a complaint or referral, it will first consider whether there is sufficient information to indicate that an offence may have been committed. MBIE will need to consider whether there is credible evidence that an offence has been committed, whether the person who has allegedly committed it is identified or is likely to be identifiable, and whether there is one or more rights holder/s who are identified and willing to give evidence.
If an investigation proceeds to the point of considering prosecution, MBIE will need to assess whether:
the evidence identifies a particular offender
the evidence is credible and whether witnesses are reliable
there is sufficient evidence that is legally admissible
there is an objectively reasonable prospect of a conviction on the evidence
the available evidence is capable of proving the offence beyond reasonable doubt.
Public Interest Criteria
If there is sufficient evidence to support a prosecution, MBIE must also consider whether it is in the public interest for a prosecution to proceed. Our criteria for this fall under three broad headings:
the extent of the harm
the seriousness of the conduct
other public interest factors.