![]() ![]() ![]() This power to intervene has been expressed in a number of different, but consistent, ways by the Court: It is well-established that the High Court will only very rarely intervene in relation to the prosecutorial decision making process. This is because a decision not to prosecute is final, whereas a decision to prosecute leaves a defendant in criminal proceedings, who might be considering an application for Judicial Review, free to challenge the prosecution's case in the usual way through the criminal court, arguing that there is no case to answer or that the decision to prosecute is an abuse of process. However, decisions not to prosecute are more often challenged by way of Judicial Review than decisions to prosecute. A Claimant may also be awarded damages in appropriate cases.ĭecisions both to prosecute and not to prosecute can be challenged by way of Judicial Review. If a claim for Judicial Review is successful, the court will quash the decision and may also remit it back to the CPS with a direction to reconsider it in accordance with the findings and judgment of the court. ![]() The parties are the “Claimant” (who initially asks for permission to make a claim, and becomes the “Claimant” once proceedings are issued) the “Defendant” (the body acting in a public law capacity in relation to the act or decision under challenge) and, sometimes, “Interested Party” (any person who the claimant considers to be directly affected by the claim). A decision whether or not to prosecute can be challenged by Judicial Review. The CPS is an organisation which performs public acts and duties, in particular, applying the Code for Crown Prosecutors and deciding whether or not to prosecute a case. Judicial Review is concerned with the improper exercise of public powers and duties. Private Prosecutions, the CPS, and Judicial Review.Duty of Candour and the Duty of Disclosure.The Victims’ Right to Review Scheme and Judicial Review Proceedings.Failure to take account of previous judicial decisions.Where there has been a failure to comply with a relevant CPS Policy.Where it can be demonstrated on an objective appraisal of the case that some evidence supporting a prosecution has not been considered properly. ![]()
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