Does a judge have any responsibility for the institution of prosecution?
British Columbia, Canada
The following excerpt is from Meyer v. British Columbia (Attorney General), 2002 BCSC 257 (CanLII):
Viscount Dilhorne, in Director of Public Prosecutions v. Humphrys, [1976] 2 All E.R. 497 at p. 511 (H.L.) commented on this issue as follows: A judge must keep out of the arena. He should not have or appear to have any responsibility for the institution of a prosecution. The functions of prosecutors and of judges must not be blurred. If a judge has power to decline to hear a case because he does not think it should be brought, then it soon may be thought that the cases he allows to proceed are cases brought with his consent or approval.
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