Conduct of prosecutions by the BIU 4.1  The BIU will have the sole and exclusive right and responsibility:4.1.1  to determine whether a Participant has a case to answer for violation of this Integrity Code;4.1.2  to charge a Participant with violation of this Integrity Code;4.1.3  to present that charge before the Disciplinary Tribunal for hearing and determination; and4.1.4  to pursue or defend (as applicable) any application and/or appeal arising in relation to such pro-ceedings.4.2  The BIU will discharge its rights and responsibilities in good faith in all cases, taking into account both at the point of determining whether to issue a Notice of Charge and throughout any proceedings that follow: (a) the likelihood of a charge being upheld (including considering the strength of any evidence re-lied upon, the merits of the BIU’s case, and how the defence case is likely to affect the BIU’s case); and (b) whether bringing or continuing to pursue the charge is necessary and proportionate to the achievement of the imperatives underlying this Integrity Code.4.3  The BIU will respect the duty of procedural fairness owed to Participants who have been charged with violations of this Integrity Code.