EWHC 1752 (Admin)
In the light of the CPS's new process for reviewing decisions not to prosecute, the court made the following observations. First, judicial review proceedings should not be brought until the CPS had had an opportunity to conduct a further review under its victim right of review procedure. In the ordinary case, if a challenge was brought before that right of review had been taken up, it should not be entertained by the court. Second, if there had been a review in accordance with that procedure then the prospect of success would be very small.
QBD (Admin) (Sir John Thomas (President QBD) , Simon J)