Wilkinson, R (on the application of) v Director of Public Prosecutions
The application for judicial review was refused due to lack of promptness and absence of arguable grounds; the decision to charge under section 329(1)(c) was not vitiated by public law considerations and is a matter for the Crown Prosecution Service.
- 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 dismissed
- Legal Topics
- Proceeds of Crime Act 2002, Charging Decisions, Delay in Judicial Review, Money Laundering Offences
Case Brief
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 Whether the decision to charge under section 329(1)(c) of the Proceeds of Crime Act 2002 was vitiated by public law considerations
- 2 Whether the application for judicial review was made promptly as required by CPR 54.5
- 3 Whether the magistrates' court is the appropriate forum for the claimant's defence
Ratio Decidendi
The application for judicial review was refused due to lack of promptness and absence of arguable grounds; the decision to charge under section 329(1)(c) was not vitiated by public law considerations and is a matter for the Crown Prosecution Service.
Court Disposition
Application dismissed
Orders
- Permission to apply for judicial review refused
- Matter to proceed in the magistrates' court
Full Case Text
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