Campaign Against Antisemitism v Director of Public Prosecutions

Criminal law – Private prosecution. It had not been irrational for a properly directed and informed Crown Prosecution decision-maker to take over the claimant's private prosecution of the interested party, under s 5 of the Public Order Act 1986, and discontinue it. Accordingly, the Divisional Court dismissed the claimant's challenge to the defendant Director of Public Prosecutions' decision, based on the view that the words the interested part had used were not 'abusive', within the meaning of s 5, so that a prosecution was more likely than not to fail.

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