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Restructuring the Exercise of Prosecutorial Discretion in England

Rogers, JW; (2006) Restructuring the Exercise of Prosecutorial Discretion in England. Oxford Journal of Legal Studies , 26 (4) 775 - 803. 10.1093/ojls/gql027.

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Abstract

I argue that the two step test in the Code for Crown Prosecutors should be revised to a three step test, to take account of the different interests to be weighed in resolving the "public interest test". I argue that the public prosecutor has legal professional responsibilities, quasi executive powers and quasi-judicial duties, and the proposed three stage test for prosecutorial discretion best reflects and delineates these three different roles.

Type:Article
Title:Restructuring the Exercise of Prosecutorial Discretion in England
DOI:10.1093/ojls/gql027
Additional information:This is the first article where the structure (as opposed to the contents) of the Code for Crown Prosecutors has been critically examined. The Code is revised every five years, and so there is an ongoing opportunity for the arguments to make an impact.
Keywords:subdivision of public interest test, harms of prosecution, constitutional position of the prosecutor
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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