The discretion which is vested in the Crown Prosecution Service to continue criminal proceedings commenced by the police is subject to judicial review by the High Court, but only where it can be shown that the decision was made regardless of, or clearly contrary to, a settled policy of the Director of Public Prosecutions evolved in the public interest.
Judges:
Tasker Watkins LJ
Citations:
[1991] 93 Cr App R 416
Cited by:
Cited – Regina v Director of Public Prosecutions ex parte C Admn 6-Oct-2000
The court upheld a decision to prosecute a 15-year-old applicant for road traffic offences rather than to divert him from prosecution and caution. Penry-Davey J said: ‘It is clear from the case of R v Chief Constable of Kent ex parte L [1991] 93 Cr . .
Cited – A, Regina (on the application of) v South Yorkshire Police and Another Admn 9-May-2007
Six youths challenged decisions that they should be prosecuted for offences of criminal damage rather than be given warnings in accordance with the Final Warning Scheme. They said that they had not sought representation at the police station after . .
Cited – E and Others, Regina (on The Application of) v The Director of Public Prosecutions Admn 10-Jun-2011
Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. . .
Cited – Stratton, Regina (on The Application of) v Thames Valley Police Admn 7-Jun-2013
The claimant requested the court to set aside a caution accepted by her, when she said that she had not understood the serious consequences and had not admitted the offence.
Held: It was for each Chief Constable to draft his own policy, but . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 04 May 2022; Ref: scu.259220
