* Posts by Alistair Mitchell

1 publicly visible post • joined 9 Apr 2011

CPS: We won't prosecute over BT/Phorm secret trials

Alistair Mitchell

Judicial Review

Dear Alexander,

If you are considering a JR, you need to launch one soon and in any event within 3 months of the decision by the CPS not to prosecute.

Grounds might include:

1. An irrational decision, given the criminality.

2. Fettering discretion (by not looking at - or for - further evidence).

3. Bias (involvement/influence of a policeman who took a previous decision adverse to prosecution) - this may also indicate a fettered discretion.

Contact me on my e mail address if I can assist further.

Alistair Mitchell