Gujra, R (on the application of) v Crown Prosecution Service

Gujra, R (on the application of) v Crown Prosecution Service

The CPS's policy applying the 'realistic prospect of conviction' test to private prosecutions is lawful and does not unlawfully restrict the statutory right to private prosecution. The CPS is entitled to form its own judgment on evidential sufficiency when deciding whether to take over and discontinue private prosecutions. The decision to discontinue the claimant's private prosecutions was rational and not open to judicial intervention.

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 dismissed
Legal Topics
Private Prosecution, Prosecution Policy, Judicial Review, Director of Public Prosecutions Powers
Criminal Law Public Law Private Prosecution Prosecution Policy Judicial Review Director of Public Prosecutions Powers

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 Whether the CPS's policy to apply the 'realistic prospect of conviction' test to private prosecutions is lawful
  2. 2 Whether the CPS's decision to take over and discontinue the private prosecutions was rational

Ratio Decidendi

The CPS's policy applying the 'realistic prospect of conviction' test to private prosecutions is lawful and does not unlawfully restrict the statutory right to private prosecution. The CPS is entitled to form its own judgment on evidential sufficiency when deciding whether to take over and discontinue private prosecutions. The decision to discontinue the claimant's private prosecutions was rational and not open to judicial intervention.

Court Disposition

application dismissed

Orders

  • Application for judicial review dismissed.