Prosecution will be considered when one or more of the following factors apply:

• it is appropriate in the circumstances as a way to draw general attention to the need for compliance with the law and the maintenance of standards required by law, especially where there would be a normal expectation that a prosecution would be taken or where, through the conviction of offenders, others may be deterred from similar failures to comply with the law;
• it is considered that there has been potential harm arising from the breach;
• there is a continued significant risk to health and safety, harm to minors, financial loss to the community or damage to the quality of the environment;
• other forms of enforcement action have been ineffective and there is a lack of confidence in the business rectifying the breach;
• where the alleged offence relates to the failure to comply in full or with a significant part of a statutory notice;
• there is evidence of fraud, gross negligence or guilty knowledge;
• where the alleged offence relates to obstruction, failure to disclose information or knowingly making a false statement to authorised officers.

the decision to prosecute will take account of the guidance given in the Code of Practice to Crown Prosecutors to assess whether prosecution of the offence is in the public interest.