Who Will Guard the Guardians? Challenging the Decision to Prosecute (original) (raw)

Judicial review, 2017

Abstract

1. 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. As a counter to this growing trend, the Victims’ Right to Review Scheme (VRR) was introduced in 2013. The VRR created a new mechanism for those involved in the criminal justice system to challenge CPS decisions, without having to go to the expense of formal court proceedings.

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