Shaw, Regina (on The Application of) v Cheshire Constabulary: Admn 23 Jul 2015

The claimant sought judicial review of a decision not to prosecute, now renewing his application for leave.
Held: Leave was refused: ‘The police have investigated and have come to a conclusion. The courts have set their face against reviewing a decision not to prosecute, again except if there are very exceptional circumstances. The decisions of the proper authorities as to whether or not to prosecute involve their judgment as to sufficiency of evidence and as to the public interest. There are a number of considerations which they bring into balance and their powers are broad.’


[2015] EWHC 3021 (Admin)




England and Wales


CitedBermingham and others v The Director of the Serious Fraud Office QBD 21-Feb-2006
Prosecution to protect defendant not available
The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited.
Held: The Director . .
Lists of cited by and citing cases may be incomplete.


Updated: 29 March 2022; Ref: scu.593099