R (Corner House Research) v Director of the Serious Fraud Office
[2008] UKHL 60
Ratio Decidendi
The Director of the SFO's decision to discontinue a criminal investigation on grounds of national security was lawful and within his statutory discretion under the Prosecution of Offences Act 1985.
Facts
The SFO was investigating allegations of corruption in the BAE Systems/Al Yamamah arms deal with Saudi Arabia. The investigation was discontinued after threats by Saudi officials. Corner House Research challenged the decision.
Judgment Summary
The House of Lords held that the Director's decision was lawful. He had properly considered the threats and concluded that continuing the investigation would risk serious harm to national security and public safety.
Key Quotes
"The Director was entitled to take into account the threats and their likely consequences, including the risk to the lives of British citizens."
— Lord Bingham
Subsequent Treatment
Cited in subsequent cases on prosecutorial discretion and the scope of judicial review of prosecution decisions.