Supreme Court upholds the DPP’s new policy on taking over and discontinuing private prosecutions

On 14/11/12, the Supreme Court handed down judgment in R (Gujra) v CPS, and dismissed the appeal. The majority (Lords Neuberger (P), Wilson & Kerr) upheld the lawfulness of the new policy of the Director of Public Prosecutions to take over and discontinue private prosecutions that do not satisfy the evidential test of ‘no realistic prospect of conviction’ applied by the CPS in public prosecutions. Lady Hale and Lord Mance dissented.

Rachel Barnes, led by Clare Montgomery QC, appeared for the DPP.

Click here to find a copy of the judgment.

20th November 2012