The claimant sought judicial review of a decision of the respondent to take over and discontinue his private prosecutions arising from public order incidents, saying that the respondent’s policy was unlawful in restricting such prosecutions.
Held: The request was refused. The policy was lawful. The respondent had now adopted exactly the policy criticised in Duckenfield by applying the Code for Crown Prosecutors in such cases. However: ‘whilst private individuals have the right to institute criminal prosecutions, there is no policy that they should be permitted to conduct such prosecutions without state intervention for good reason.’ and
‘The Code is issued pursuant to s.10(1) of the 1985 Act to give guidance on the general principles that are to be applied in determining, inter alia, whether proceedings of which the CPS has the conduct should be discontinued. Since the test must be applied if the CPS does take over the conduct of proceedings, it cannot in my view be unlawful to apply that test in determining whether to take over the conduct of proceedings in the first place. Moreover the policy arguments in favour of a uniform approach are compelling and provide a sound basis for the adoption of the Code test when deciding, in the exercise of the broad discretion under s.6(2), whether to take over the conduct of proceedings in circumstances where there is no duty to take them over.’
The decision had only been made after proper consideration at senior levels within the CPS, and strong reason would be needed to disturb it.
Richards LJ, Edwards-Stuart J
[2011] EWHC 472 (Admin), [2011] ACD 62, [2011] 2 Cr App R 12, [2012] 1 WLR 254, (2011) 175 JP 161
Bailii
Prosecution of Offences Act 1985 6
England and Wales
Citing:
Cited – Jones v Whalley HL 26-Jul-2006
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process.
Held: The defendant’s appeal . .
Cited – Raymond v Attorney General and Others CA 1982
The power under statute to take over the conduct of private prosecutions includes a power to discontinue those proceedings, to issue a nolle prosequi. The DPP is free to make decisions, even value judgments on his or her assessment of the public . .
Cited – Regina v Director of Public Prosecutions ex parte Duckenfield etc Admn 31-Mar-1999
Private prosecutions had been brought against two retired police officers, D and M, in relation to the Hillsborough disaster; and the Director had refused a request by the officers to take over and discontinue those prosecutions, stating that his . .
Cited – Scopelight Ltd and Others v Chief of Police for Northumbria CA 5-Nov-2009
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant.
Held: The . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Cited by:
Appeal from – Gujra, Regina (on The Application of) v Crown Prosecution Service SC 14-Nov-2012
The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Constitutional
Updated: 02 November 2021; Ref: scu.430525
