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 interest: ‘Unless his decision is manifestly such that it could not be honestly and reasonably arrived at it cannot, in our opinion, be impugned.’
The word ‘conduct’ is wider than merely to ‘carry on’ the proceedings.
Citations:
[1982] QB 839, [1982] 2 All ER 487, [1982] Crim LR 826, (1982) 75 Cr App R 34, [1982] 2 WLR 849
Cited by:
Cited – Gujra, Regina (on The Application of) v Crown Prosecution Service Admn 9-Mar-2011
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.
Cited – 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
Updated: 11 May 2022; Ref: scu.430533