New Judgment: R (Gujra) v CPS  UKSC 52
14 Wednesday Nov 2012
On appeal from:  EWHC 472 (Admin)
Gujra challenged CPS policy to take over private prosecutions to discontinue them if the DPP was not satisfied that there was a realistic prospect of conviction. A judicial review application was dismissed, and ultimately the Gujra appealed to the Supreme Court. Held: dismissing the appeal by a majority of 3:2. In providing a power to take over prosecutions under the Prosecution of Offences Act 1985, s 6(2), Parliament could not have intended that the DPP should decline to exercise his discretion so as to intervene and discontinue a prosecution even where it lacked a reasonable prospect of success.