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This can include: All charging decisions (whether positive or negative) in cases involving allegations under the Juries Act 1974 must be referred to the Director's Legal Advisor (DLA) for approval (see: section entitled Handling Arrangements at the end of this guidance as to how this should be done).
A decision to prosecute such an offence will thereafter require the consent of the Attorney General.
those which may be considered grossly offensive, indecent, obscene or false.
As a general approach, it will usually be in the public interest to prosecute cases falling within Categories 1, 2 or 3, where they satisfy the evidential stage of the test set out in the Code for Crown Prosecutors.
"Social media" commonly refers to the use of electronic devices to create, share or exchange information, ideas, pictures and videos with others via virtual communities and networks.
For the purposes of these guidelines, this includes emails and texts and other forms of electronic communications.
Where social media is simply used to facilitate some other substantive offence, prosecutors should proceed under the substantive offence in question.On the other hand, cases which fall within Category 4 will be subject to a high evidential threshold and in many cases a prosecution is unlikely to be in the public interest.Detailed guidance on the approach to take in applying the public interest in Category 4 cases is provided in the section on Category 4 offences below.The section also explains the application of Article 10 of the European Convention on Human Rights to Category 4 cases.Having identified the category, prosecutors should follow the approach set out under the relevant heading below.