Prosecutorial discretion, assisting offenders and the decision to refer under the Serious and Organised Crime and Police Act 2005

Examines Re Loughlin's Application for Judicial Review (SC) on whether, when deciding not to refer reduced sentences imposed on offenders who assisted the police back to the sentencing court under the Serious Organised Crime and Police Act 2005 s.74(3) after they were exposed as liars, the prosecutor applied the correct test for establishing the "interests of justice". Reviews the factors considered and the prosecutorial discretion available.