A private prosecution was allowed after the Director of Public Prosecutions decided not to prosecute in the case of the deaths in the sinking of the Bowbelle Marchioness. Lloyd LJ discussed what would amount to abuse of process: ‘Manipulation or misuse of the prosecution process I do not doubt Mr Glogg wanted a full scale … Continue reading Regina v Bow St Stipendiary Magistrate Ex Parte South Coast Shipping and Others: QBD 18 Nov 1992

Rights to private prosecution and takeover by DPP were examined: ‘Section 3(2) and section 6 [of the Prosecution of Offences Act 1985] make a coherent and consistent framework in which the right of a private citizen to bring a prosecution is preserved but subject always to the Director’s right to intervene at any stage. It … Continue reading Regina v Bow Street Stipendiary Magistrate Ex Parte South West Shipping and Others: QBD 22 Jul 1992