Regina (Corner House Research and Another) v. Director of the Serious Fraud Office (JUSTICE intervening)

Abstract

Governments — Separation of executive and courts — Independent prosecutors — Exercise of statutory powers and discretion — Independent decision-making — Taking relevant considerations into account — Effect of opinions and advice of others on independence of decisions — Shawcross exercises — Threats — Impact of threats on independent decision-making — The rule of law — Whether decision of Director of Serious Fraud Office to discontinue investigation lawful — Criminal Justice Act 1987

Relationship of international law and municipal law — Treaties — Interpretation and application — Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 1997 — Article 5 — Relevance — Organization for Economic Cooperation and Development — OECD Working Group on Bribery in International Business Transactions — Whether municipal courts to desist from interpretation of unincorporated international instruments — Value of uniform interpretation of international instruments — Whether municipal courts can consider unincorporated international instruments considered by decision-makers when assessing legality of decisions — Criminal Justice Act 1987 — Serious Fraud Office — Investigations and prosecutions — Anti-terrorism, Crime and Security Act 2001

Treaties — Interpretation — Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 1997 — Article 5 — Relevance — Investigation and prosecution of bribery of foreign public officials — Applicable rules and principles of Contracting Parties — Parties not to be influenced by considerations of national economic interest, potential effect on relations with other States or identity of natural or legal persons involved — National security — Intersection of national security and relations with other States — European Convention on Human Rights, 1950 — Article 2 — Right to life — Vienna Convention on the Law of Treaties, 1969 — Article 31 — Interpretation of treaties in good faith in light of object and purpose — The law of England