[2006] EWHC 3204 (Admin)

The decision of the Director of Public Prosecutions as to whether or not to prosecute would be lawful if it was taken in accordance with the DPP's code, which included both evidential and public interest considerations, and it was a decision reasonably open to the decision-maker on the material before him. Where the decision was lawfully made, it would not violate the European Convention on Human Rights 1950 Art.2 .

DC (Richards LJ, Forbes J, Mackay J)

14/12/2006