[2025] EWHC 2684 (KB)

As I have already set out where a professional prosecutor such as the CPS makes the decision to charge, then the person who provides them with information for the purposes of making that decision will not be deemed to be a prosecutor, save in narrow circumstances.

In my judgment Mr Tarrant made an independent decision to prosecute, and his evaluation was not “overborne or perverted” by the Police officers involved. I find that Mr Tarrant was not deprived of the opportunity to exercise any independent discretion or judgment on the question of whether to charge, so dependent was he on the police for the veracity of the facts presented to him. Accordingly I find that the Defendant acting through the relevant officers was not the Prosecutor of the Claimant’s criminal case.