Bid to prosecute supergrass police

It also states that if the CPS ultimately still decides not to prosecute, it should explain why it accepted the proposition, during appeal proceedings, that officers conspired to pervert the course of justice.

The different approach when considering prosecutions “appears, at least on the face of it, to be irrational,” the court document says.

The evidence does not support CPS claims there was no criminal intent or officers merely desired “to keep Mr Chapman happy”, it adds.

It further claims the CPS is wrong to rely on comments from one of five judges in the Supreme Court judgement which suggested the lack of charges maybe due to prosecution waivers given to some officers to persuade them to come forward as witnesses. The application says waivers were only in respect of disciplinary action, not prosecution.

It concludes: “Judges of both the Court of Appeal and the Supreme Court considered that a large number of officers of WYP had been involved in a conspiracy to pervert the course of justice.”

A CPS spokeswoman said: “We are considering the application for permission to proceed with a claim for judicial review and will respond as appropriate in due course.”