Guest v Director of Public Prosecutions
The decision not to prosecute and to administer a conditional caution was fundamentally flawed, as it failed to comply with statutory guidance, prosecutorial codes, and victim involvement requirements. Both decisions must be quashed, and the Director of Public Prosecutions must reconsider the matter.
- Parties
- Claimant: John Guest; Defendant: Director of Public Prosecutions
- Jurisdiction
- England and Wales
- Judgment Date
- 05 March 2009
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application allowed
- Legal Topics
- Conditional Caution, Abuse of Process, Judicial Review, Prosecutorial Discretion, Victim Involvement
Case Brief
Summary, issues, holding and outcome
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Parties
John Guest
Claimant
Director of Public Prosecutions
Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the decision not to prosecute and to administer a conditional caution should be quashed
- 2 Whether the conditional caution was lawful and appropriate
- 3 Whether the Director of Public Prosecutions should reconsider the matter
Ratio Decidendi
The decision not to prosecute and to administer a conditional caution was fundamentally flawed, as it failed to comply with statutory guidance, prosecutorial codes, and victim involvement requirements. Both decisions must be quashed, and the Director of Public Prosecutions must reconsider the matter.
Court Disposition
Application allowed
Orders
- The decision not to prosecute and to administer a conditional caution is quashed.
- The Director of Public Prosecutions is ordered to reconsider the decision not to prosecute.
Full Case Text
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