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Challenges to prosecutorial discretion.

Arnell, Paul; Sharp, Laura



Considers challenges to prosecutorial discretion in light of the ECtHR decision in Da Silva v United Kingdom (5878/08) on whether UK authorities had failed, under ECHR art.2, to conduct an effective investigation into the fatal shooting by police officers of a man mistakenly identified as a suicide bomber. Refers to the case in the context of the prosecutorial aftermath of the fatal bin lorry accident in Glasgow December 2014.


ARNELL, P. and SHARP, L. 2016. Challenges to prosecutorial discretion. Scots law times [online], 2016(21), pages 113-115. Available from:

Journal Article Type Article
Acceptance Date Jul 29, 2016
Online Publication Date Jul 29, 2016
Publication Date Jul 29, 2016
Deposit Date Jan 30, 2017
Publicly Available Date Jul 30, 2017
Journal Scots law times
Print ISSN 0036-908X
Electronic ISSN 2754-222X
Publisher Sweet and Maxwell
Peer Reviewed Peer Reviewed
Volume 2016
Issue 21
Pages 113-115
Item Discussed Da Silva v United Kingdom (5878/08) 40 B.H.R.C. 159; Times, April 26, 2016 (ECHR (Grand Chamber))
Keywords Decisions to prosecute; Duty to undertake effective investigation; Fatal accidents; Glasgow; Right to life
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