Challenging decisions to prosecute

 

In recent years, there has been a growing appetite by litigants to challenge decisions made by government agencies by way of judicial review, including decisions to prosecute.  Where defendants take this step, the courts’ inquiry is necessarily wider than simply testing the prosecution’s evidence – it questions the factors which led to a decision to prosecute, including the reasonableness of that decision. 

With reference to court decisions, this presentation provides an overview of the approach which can be expected to be taken by the courts where decisions to prosecute (or not prosecute) are challenged.  It will also provide practical tips which can be employed by you to ensure the level of risk which attaches to enforcement decisions is minimised. 

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