Wilkinson, R (on the application of) v Director of Public Prosecutions [2006] EWHC 3012 (Admin) (22 June 2006)

Wilkinson, R (on the application of) v Director of Public Prosecutions [2006] EWHC 3012 (Admin) (22 June 2006)

The application for judicial review was refused due to lack of promptness and absence of arguable public law grounds to challenge the prosecutorial decision. The court held that the decision to charge under section 329(1)(c) was within the discretion of the CPS and not vitiated by public law considerations.

Source-derived case information.

Citation
[2006] EWHC 3012 (Admin)
Parties
Claimant: Gavin Wilkinson; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
22 June 2006
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome
Application for permission to apply for judicial review dismissed
Legal Topics
Proceeds of Crime Act 2002, Charging Decisions, Delay in Judicial Review, Money Laundering Offences
Criminal Law Judicial Review Proceeds of Crime Act 2002 Charging Decisions Delay in Judicial Review Money Laundering Offences

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Summary, issues, holding and outcome

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Parties

Gavin Wilkinson

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the decision to charge under section 329(1)(c) of the Proceeds of Crime Act 2002 was vitiated by public law considerations
  2. 2 Whether the application for judicial review was made promptly as required by CPR 54.5
  3. 3 Whether the court should interfere with prosecutorial discretion in charging

Ratio Decidendi

The application for judicial review was refused due to lack of promptness and absence of arguable public law grounds to challenge the prosecutorial decision. The court held that the decision to charge under section 329(1)(c) was within the discretion of the CPS and not vitiated by public law considerations.

Court Disposition

Application for permission to apply for judicial review dismissed