header-logo header-logo

23 May 2025 / Dr Ping-fat Sze
Issue: 8117 / Categories: Features , Profession , International , Public , Criminal
printer mail-detail

Slim grounds for review at the Privy Council

219526
Dr Ping-fat Sze is perplexed by the treatment of irrational prosecutorial decisions
  • The recent Privy Council decision in DPP v Durham renders prosecutorial decisions reviewable on the ground of illegality. Irrationality and abuse of process do not amount to exceptional circumstances for judicial review.
  • In practice, judicial review has no role when challenging criminal prosecutions. Such challenges should be raised in the trial.

In its latest decision on the reviewability of prosecutorial decisions in Trinidad and Tobago, DPP v Durham [2024] UKPC 21, the Privy Council reiterated its decision in Sharma v Brown-Antoine [2006] UKPC 57, thus rendering judicial review virtually irrelevant when challenging criminal prosecutions.

Both decisions maintained that such challenges be conveniently and effectively raised in the trial and determined by the criminal court (see also Mohit v DPP [2006] UKPC 20).

The decision in Durham again endorsed the Fijian supreme court decision in Matalulu v DPP [2003] 2 HKC 457 as representing the applicable law. Nevertheless, the Privy Council

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll