Steyn LJ said of the reviewability of decisions of the Director of Public Prosecutions: ‘. . it seems to me that, in the absence of evidence of fraud, corruption or mala fides, judicial review will not be allowed to probe its decision to charge individuals in criminal proceedings. The law must take a practical view of the limits of judicial review. It would be unworkable to extend judicial review into this field.’
Neill LJ said that the court has a discretion to stay civil proceedings until related criminal proceedings have been determined: ‘It is clear that the court has power to intervene to prevent injustice where the continuation of one set of proceedings may prejudice the fairness of the trial of other proceedings . . But it ‘is a power which has to be exercised with great care and only where there is a real risk of serious prejudice which may lead to injustice.’
Judges:
Steyn LJ, Neill LJ
Citations:
[1992] BCC 524
Jurisdiction:
England and Wales
Cited by:
Cited – JJ Manangement Llp and Others, Regina (on The Application of) v Revenue and Customs and Another Admn 25-Jul-2019
Challenge to the lawfulness of an investigation by HMRC of tax affairs relating to the claimant’s businesses in Europe. HMRC had been claiming a right to conduct an informal investigation using the 2005 Act. The taxpayer sought judicial review of . .
Cited – JJ Management Consulting Llp and Others v Revenue and Customs CA 22-Jun-2020
HMRC has power to conduct informal investigation
The taxpayer, resident here, but with substantial oversea business interests, challenged the conduct of an informal investigation of his businesses under the 2005 Act, saying that HMRC, as a creature of statute, are only permitted to do that which . .
Lists of cited by and citing cases may be incomplete.
Judicial Review, Criminal Practice
Updated: 09 December 2022; Ref: scu.651923