Question About Judicial Review.

gostopgo

Hello everyone,

I have a quick question about Judicial Reviews. Is it possible to seek a Judicial Review in terms of a decision which was made by the Director of Public Prosecutions (DPP)?

For instance, in a situation where a person has been the victim of crime e.g assault, and the DPP makes a decision to "not prosecute" the person who is alleged to have committed the assault.

Do you think given the above example that it would be possible to seek a Judical Review of the DPP's decision?

Pro Hoc Vice

it is very difficult in the above situation to JR the DPP. Short of showing mala fides.

Interesting Article here http://humanrights.ie/criminal-justice/carlin-v-dpp-prosecutorial-discretion-and-the-decision-not-to-prosecute/ it deals more with an accused taking the JR, but it deals with the difficulty of JR as against the Director. It would bring the courts to a standstill if the DPP was to be reviewed everytime she decided not to prosecute.

But of course individual facts could change a situation, any person in such a position would be best advised to seek legal advice.