Gujra, R (on the application of) v Crown Prosecution Service [2011] EWHC 472 (Admin) (09 March 2011)

Gujra, R (on the application of) v Crown Prosecution Service [2011] EWHC 472 (Admin) (09 March 2011)

The CPS policy of applying the 'realistic prospect of conviction' test to private prosecutions is lawful and consistent with the statutory scheme; the CPS's decision to discontinue the claimant's private prosecutions was rational and not open to judicial intervention.

Citation
[2011] EWHC 472 (Admin)
Parties
Claimant: Dalvinder Singh Gujra; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
09 March 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Private Prosecution, CPS Policy, Evidential Test, Discontinuance of Proceedings
Criminal Law Administrative Law Judicial Review Private Prosecution CPS Policy Evidential Test Discontinuance of Proceedings

Case Brief

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Parties

Dalvinder Singh Gujra

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Is the CPS policy of applying the 'realistic prospect of conviction' test to private prosecutions lawful?
  2. 2 Was the CPS's decision to take over and discontinue the private prosecutions rational?

Ratio Decidendi

The CPS policy of applying the 'realistic prospect of conviction' test to private prosecutions is lawful and consistent with the statutory scheme; the CPS's decision to discontinue the claimant's private prosecutions was rational and not open to judicial intervention.

Court Disposition

Application for judicial review dismissed

Orders

  • No relief granted to claimant
  • CPS decision to discontinue private prosecutions upheld