The reasoning behind Westwood CJA's conclusion with respect to the inability of a prosecutor to prefer charges
based on a fault element of negligence when prosecuting ADF members for their conduct in an armed conflict is summarised in Part IV above, but the underlying point is that, save for cases of command responsibility, negligence is not universally recognised under international criminal law as a basis for criminal responsibility.
Because of the serious nature of the alleged offences, a decision was made in consultation with the Crown Prosecution Service to prefer charges
The HRA did not ban the jockeys because it believed they had a case to answer but because the Crown Prosecution Service, the only body with access to all the evidence, believed there was a case to answer, one with "enough evidence to provide a realistic prospect of conviction" - the test the CPS is required to apply when deciding whether to prefer charges
16) Any person subject to the UCMJ may prefer charges
as the accuser.
We would prefer charges
taken from income, not capital.
Senators relied on the DPP to have governors defying committee summonses prosecuted, but the High Court barred the prosecutions office from using the Penal Code provision to prefer charges
on belligerent county bosses.