Redston, Regina (on The Application of) v Director of Public Prosecutions: Admn 5 Nov 2020

DPP – no Power to Refer For Investigation

Challenge to refusal of respondent to refer a matter to the police for investigation as to potentially criminal behaviour.
Held: Mr Redston’s challenge was not arguable. He had not actually requested such a disclosure.
The DPP is not an investigator and, as such, has no power to refer the matter to the police for investigation. Any such power or discretion would run counter to the statutory distinction between investigative responsibility and prosecutorial responsibility.

James Strachan QC (Sitting as a Deputy Judge of the High Court)
[2020] EWHC 2962 (Admin)
Bailii, Judiary Summary
Prosecution of Offences Act 1985 2
England and Wales

Criminal Practice

Updated: 11 November 2021; Ref: scu.655583