Discretion to Prosecute: Method 3

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What are the 3 situations in which judicial review is generally available?
(1) decision is legally flawed, (2) flouts Prosecutors Code, (3) "Wednesbury unreasonable"
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Example of where decision was legally flawed
R (F) v DPP and A: question of whether D was guilty of **** (D and V had begun consensual sex, V realised D wasn't wearing a condom, V stopped consenting)
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Example of where decision flouted the Code for Prosecutors
ex p. C: C was told her husband wasn't to be prosecuted for burger due to lack of evidence. Underlying reasons: husband was a policeman, C was from an ethnic minority
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What is Guest case an example of?
Where there was Wednesbury unreasonableness (conditional caution wasn't sufficiently serious)
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Which process do complainants usually use when they have an issue?
Abuse of process or method 1 (CPS internal review procedure)
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In which case was there a review of CPS decision not to prosecute suspect for **** by an independent prosecutor?
S
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In S, was it contrary to natural justice for D not to be given chance to make representations to reviewing, independent prosecutor?
No
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Was CPS decision in S reversing earlier choice not to prosecute unreasonable + irrational?
No
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What required prosecution inS?
Maintenance of public confidence in CJS
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Other cards in this set

Card 2

Front

R (F) v DPP and A: question of whether D was guilty of **** (D and V had begun consensual sex, V realised D wasn't wearing a condom, V stopped consenting)

Back

Example of where decision was legally flawed

Card 3

Front

ex p. C: C was told her husband wasn't to be prosecuted for burger due to lack of evidence. Underlying reasons: husband was a policeman, C was from an ethnic minority

Back

Preview of the back of card 3

Card 4

Front

Where there was Wednesbury unreasonableness (conditional caution wasn't sufficiently serious)

Back

Preview of the back of card 4

Card 5

Front

Abuse of process or method 1 (CPS internal review procedure)

Back

Preview of the back of card 5
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