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High Court ruling on bail pending trial in an economic crimes case. The court upheld the DPP’s certificate under section 36(2) and struck out the application.
The DPP's statutory power to take over and continue criminal proceedings is exclusive and not subject to judicial review or court refusal once a private prosecution has been permitted. The District Court erred in law by refusing to allow the DPP to exercise this power. The DPP is not required to provide reasons or be subject to court control in exercising this discretion.
Source excerpt
The High Court held that the DPP’s decision to discontinue a private prosecution under section 90(1)(c) of the Criminal Procedure Act is not reviewable by court.
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