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
Card 4
Front
Where there was Wednesbury unreasonableness (conditional caution wasn't sufficiently serious)
Back
Card 5
Front
Abuse of process or method 1 (CPS internal review procedure)
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