The Prince Jefri Bolkiah test — whether there is a real and sensible possibility of misuse of confidential information — applies to criminal prosecutions conducted by a law officer of the Crown, without modification for the criminal context. Where a solicitor who previously acted for a defendant takes employment at the DPP's office but immediately discloses the conflict, takes no part in the prosecution, and gives an undertaking of confidentiality, there is no basis for restraining the entire office from prosecuting. The DPP's statutory obligation to conduct prosecutions is a relevant distinguishing factor from private law firms.
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