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

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

The Director of Public Prosecutions' policy to take over and discontinue private prosecutions unless there is a reasonable prospect of conviction does not frustrate the policy and objects of section 6 of the Prosecution of Offences Act 1985. The policy is a lawful exercise of discretion and does not unlawfully restrict the right to bring a private prosecution. The appeal is dismissed.

Parties
Appellant: Gujra; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
14 November 2012
Procedural Posture
Judicial Review Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Private Prosecution, Director of Public Prosecutions' Discretion, Judicial Review, Access to Justice
Criminal Law Constitutional Law Administrative Law Private Prosecution Director of Public Prosecutions' Discretion Judicial Review Access to Justice

Case Brief

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Parties

Gujra

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Is the Director of Public Prosecutions' 2009 policy to take over and discontinue private prosecutions unless there is a reasonable prospect of conviction lawful?
  2. 2 Does the policy unlawfully restrict the statutory right to bring a private prosecution under section 6 of the Prosecution of Offences Act 1985?

Ratio Decidendi

The Director of Public Prosecutions' policy to take over and discontinue private prosecutions unless there is a reasonable prospect of conviction does not frustrate the policy and objects of section 6 of the Prosecution of Offences Act 1985. The policy is a lawful exercise of discretion and does not unlawfully restrict the right to bring a private prosecution. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.