Who Will Guard the Guardians? Challenging the Decision to Prosecute

Who Will Guard the Guardians? Challenging the Decision to Prosecute

Recent years have seen a quiet revolution take place in public law challenges to decisions of public prosecuting bodies, such as the Crown Prosecution Service (CPS) and Serious Fraud Office (SFO). After a long line of authorities in which the courts took a restrictive approach to such claims, a spate of cases and European legislation, the availability of judicial review in this area began to open up after 2010.

(This paper was first published in the journal Judicial Review, 2017, 22(2), 124-142. For a copy, please contact Thom)

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