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Criminal law – Prosecutor. The claimant sought permission for judicial review of the Crown Prosecution Service's (the CPS) decision to prosecute him for rape, despite a previous decision not to proceed, and a judge's decision not to adjourn the hearing pending the determination of that challenge. The Divisional Court, in refusing permission, held that it was not remotely arguable that the CPS's decision had been irrational or unreasonable and the separate challenge to the judge's decision fell because that challenge failed. The judgment was citable as authoritative in relation to the proper approach to the Director of Public Prosecution's guidance on a victim's right to review and to claims made in respect of decisions to charge where the original decision had been not to charge.
Criminal law – Prosecutor. The claimant sought permission for judicial review of the Crown Prosecution Service's (the CPS) decision to prosecute him for rape, despite a previous decision not to proceed, and a judge's decision not to adjourn the hearing pending the determination of that challenge. The Divisional Court, in refusing permission, held that it was not remotely arguable that the CPS's decision had been irrational or unreasonable and the separate challenge to the judge's decision fell because that challenge failed. The judgment was citable as authoritative in relation to the proper approach to the Director of Public Prosecution's guidance on a victim's right to review and to claims made in respect of decisions to charge where the original decision had been not to charge.
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