What is the key case on the CPS internal review procedure?
Killick
5 of 12
What were the facts in Killick? What was the outcome?
K appealed his conviction after CPS decided to prosecute K second time round. Court: possible abuse of process where a clear, unequivocal representation is made to which D relies upon to his detriment
6 of 12
Which interests must P consider when exercising discretion to prosecute?
State's, D's ,V's (Killick)
7 of 12
What other factor of Killick was lamentable but not sufficient to constitute an abuse of process/cause prejudice and detriment?
Delay between crime being committed + decision to prosecute taken
8 of 12
What are the 2 reasons why Starmer says Killick is a significant case?
Disability isn't a barrier to justice (Vs were disabled) + gave legal effect to V's right to seek a review of decision not to prosecute
9 of 12
Is the legal right to seek a review in Killick available to all victims?
Yes
10 of 12
What does Starmer view as the change in status of victims, effected by Killick?
From observers to participants
11 of 12
What is another term for CPS internal review procedure?
Victim "right to review" scheme
12 of 12
Other cards in this set
Card 2
Front
To avoid angry complainants; avoid favouritism; avoid manipulation of system; addresses issues caused by limits placed on private prosecutions
Back
Why might a duty to prosecute be preferable?
Card 3
Front
Through use of diversion tactics by CJS (e.g. cautions)
Comments
No comments have yet been made