Prosecutors are being urged to consider the interest of domestic violence victims and speed up the processing of the cases in a revised set of prosecution and practice guidelines released yesterday.

Entitled "Statement of Prosecution Policy and Practice", the guidelines, issued by the Department of Justice, outline the standards, policies and practices of the prosecutors. Several new chapters have been added; the last version was issued in 2002.

One of the new chapters is related to the conduct of domestic violence cases.

The prosecutors should ensure that the case proceeds expeditiously and without delay once prosecution is decided, because delays may distress the victims, put the victims at risk and affect the willingness of the victims to testify or recall the events.

However, Senior Assistant Director of Public Prosecutions Anthea Pang said the department will not specify when prosecution should be made.

"The time needed depends on the case," she said. "Some complicated cases need more evidence. It is not practical to set a timeline for that."

The statement also stipulates that the charge imposed must provide the court with the capacity to impose a sentence that adequately reflects the seriousness of the crime.

The victims' situations should be considered, but not be treated as determinatives by the prosecutors, the statement said.

The safety of the victims and the children involved must be taken care of. Information about the family circumstances and the effect of a prosecution on the family should also be obtained.

A prosecution may still be required, even if the victim doesn't want to pursue the case.

The statement also urges prosecutors to give serious consideration to deciding whether to compel the victims to testify against their will. Measures, such as helping the victim attend court by closed circuit television, should be considered.

The statement also added a chapter on the judicial review of a prosecution decision.

Pang said the number of judicial-review cases and their connection with criminal prosecution is increasing in Hong Kong and other common law jurisdictions.

The statement also stipulated that decisions on prosecution should be made without political pressure or judicial encroachment.

Prosecutors who fail to comply with the statement may be subject to an internal hearing, Pang said.

(HK Edition 12/24/2008 page1)