Challenging a decision to investigate or prosecute via judicial review is difficult and only open to challenge on specific narrow grounds. Applications relating to individual steps within investigations, such as search warrants, where an investigating authority is obliged to satisfy a statutory test in order to exercise a power, have often been more successful but still present complexities which require specialised expert advice.
Fulcrum are one of only a handful of firms whose judicial review team specialises in challenges in the context of investigations and prosecutions. Our team has experience of judicial review both in the context of challenges to decisions to investigate or prosecute as well as individual steps within investigations and also regularly advises on the tactical merits of such applications.
In recent years, we have represented clients in judicial review applications before Caribbean courts, again in the context of criminal and regulatory investigations.
Judicial review of a forfeiture application
Judicial review in the Caribbean
Advice regarding the judicial review of a Government agency
Aug 26 2018
The Code for Crown Prosecutors (“Code”) sets out the general principles crown prosecutors should follow when deciding whether to prosecute a case. The Code, issued by the Director for Public…
Apr 17 2017
On March 29, two senior UK judges dismissed an attempt by Unaoil to challenge an SFO investigation into allegations that the company paid bribes around the world. It is the latest in a fast-growing…
Feb 5 2016
Overview
On the 27th of January 2016, the High Court ruled in favour of the SFO over the way it handles the identification of digital material which is potentially subject to Legal Professional…