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23 May 2025 / Dr Ping-fat Sze
Issue: 8117 / Categories: Features , Profession , International , Public , Criminal
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Slim grounds for review at the Privy Council

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

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