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
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