English Criminal Law - Criminal Law - Why are private prosecutors need to request permission?
The criterion was added as an antidote against overzealous prosecutions. In order to limit charges to obvious and flagrant incidents, the government department or other organisation that created the legislation may have been concerned that it had cast a too-wide net. Or the legislation might be contentious, resulting in a compromise between those who favour an unrestricted offence and those who favour just a severely limited offense—or none at all—in the requirement of an officer's consent. It's even possible that the legislation is only enacted to appease individuals who want Parliament to declare what they view as a moral value but don't want to see many people prosecuted as a result of it. To put it another way, the law's bark should be more severe than its bite. These factors help to explain why, for instance, a charge of aiding suicide requires the D.P.P.'s permission as seen in See section 2 of the Suicide Act 1961 ,Dunbar v. Plant [1997] 3 W.L.R. 1261; R. (on the application of Purdy) v. D.P.P. [2010] 1 A.C. 345 and Jaap Roording, “The Punishment of Tax Fraud,” [1996] Crim. L.R. 240.
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