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15 Sep 2016

Nick Barnard comments on victims’ right to challenge in The Times

Last week a second alleged victim of Sir Cliff Richard lodged a challenge over the decision by prosecutors not to charge the singer with sex offences, on the ground of insufficient evidence. A final decision may be “within weeks.”

The challenges have been made under the victims’ right of review scheme. People who believe they are victims of crime can challenge a Crown Prosecution Service decision not to charge a suspect or drop proceedings.

Yet criminal lawyers have concerns over the right. Nick Barnard, a criminal lawyer with Corker Binning, says: “Suspects in criminal investigations have a right to certainty in prosecutorial decisions but the reality of the right to review is that cases can limp on for months…with no real deadlines and no appeal process, all that remains is the nuclear option of judicial review.”

Read the full article in The Times here.