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ARTICLE · 01 FEBRUARY 2013

The CPS Duty To Pull The plug: Gujra Analysed

6 King's Bench Walk
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A discussion on when and if the Crown Prosecution Service should be able to take over and put a stop to private prosecutions.

United KingdomCriminal Law

Article by Katherine Higgins, pupil at 6 Kings Bench Walk.

When should the Crown Prosecution Service (CPS) be able to take over and put a stop to private prosecutions?

Introduction:

  1. The vast majority of private prosecutions are brought by the state. However in cases in which the state does not bring a prosecution section 6(1) of the Prosecution of Offences Act 1985 (the 1985 Act) allows for individuals to bring private prosecutions. There is a strong historical and constitutional basis in entitling ordinary members of the public to bring private criminal proceedings. With the right of access to justice at the heart of private prosecutions section 6(1) of the 1985 Act forms a historic safeguard against wrongful refusal or failure by public authorities to institute prosecution proceedings.

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