New Judgment: R (Gujra) v CPS [2012] UKSC 52
14 Wednesday Nov 2012
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On appeal from: [2011] 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.
For judgment, please download: [2012] UKSC 52
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII
5 comments
Ismail Bhamjee said:
15/11/2012 at 23:24
The Courts Act 2003, The Criminal Justice Act 2003, The Criminal Justice and Immigration Act 2008, The Coroners and Justice Act 2009 are Parliament Acts. These Acts does have a Repealed Schedule where other Sections from other Acts have been repealed.
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Section 1, 53 and 123 (1) of the Magistrates Courts Act 1980
This has not been taken into consideration by the Divisional Court and Other Lord Justices in the Supreme Court.
Section 23 (9) of the Prosecution of Offences Act 1985
I thank you in advance
Yours Faithfully
Ismail Abdulhai Bhamjee
Ismail Abdulhai Bhamjee said:
27/11/2013 at 22:36
The Crime and Courts Act 2013. This is a Parliament Act
Some amendments and changes have been made.
Section 25 of the Prosecution of Offences Act 1985
This Section applies to any enactment which prohibits the institution or carrying on of proceedings for any Offence except-
(a) with the consent (however expressed) of a Law Officer of the Crown or the Director, or
(2) An Enactment to which this section applies-
(a) shall not prevent the arrest without warrant or the issue or execution of a warrant of arrest, of a person for any offence,…..
Ismail Abdulhai Bhamjee said:
14/02/2015 at 08:36
The Criminal Justice and Courts Act 2015 Chapter 2.
Section 63.
Appeals from the High Court to the Supreme Court.
Appeals from the Upper Tribunal.
There has been Deliberate Concealment, Mistake or Omission by the Bar Council, The Treasury Solicitors who does represent many Government Ministers and Department of the London Gazette No 43403 6671 dated 7th August 1964 of the Zambia Independence Act 1964, and the Edinburgh Gazette
Number 18270 513
Dated Tuesday 11th August 1964
Once Independence Given can’t be taken away before a High Court Judge or Judge of the Court of Appeal.
There is a Legal Right to take Proceedings after the discontinuance by the DPP on the Same facts. Section 23 of the Prosecution of Offences Act 1985
Yours Faithfully
Ismail Abdulhai Bhamjee
Pauil Janik said:
17/05/2015 at 14:44
Impressive as your enthusiasm, knowledge and vigor undoubtedly is, only the Defendant has that option.
CPR
Part 8 as in force on 6 October 2014
DISCONTINUING A PROSECUTION
https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/crim-proc-rules-2014-part-08.pdf