R v BKR

R v BKR

The judge erred in staying the prosecution as an abuse of process because there was no executive misconduct or breach of international obligations by the CPS; the decision to prosecute, though disagreed with by the judge, was properly made under the Code for Crown Prosecutors. The circumstances did not meet the high threshold for limb two abuse of process, and the court’s sense of justice and propriety was not affronted to the degree required by law.

Parties
Prosecution: The Crown; Appellant/respondent: BKR
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Appeal Against Stay of Prosecution (abuse of Process)
Outcome
Appeal allowed; stay set aside; prosecution to continue
Legal Topics
Abuse of Process, Prosecutorial Discretion, Stay of Proceedings, Sexual Offences, Public Interest Test
Criminal Law Judicial Review Abuse of Process Prosecutorial Discretion Stay of Proceedings Sexual Offences Public Interest Test

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Parties

The Crown

Prosecution

BKR

Appellant/respondent

Procedural Posture

Criminal Appeal / Appeal Against Stay of Prosecution (abuse of Process)

Legal Issues

  1. 1 Whether the judge erred in staying the prosecution as an abuse of process under the second limb of Ex p. Bennett
  2. 2 Whether the CPS's decision to continue prosecution amounted to misconduct justifying a stay
  3. 3 Whether the court's sense of justice and propriety was offended by the prosecution's continuation

Ratio Decidendi

The judge erred in staying the prosecution as an abuse of process because there was no executive misconduct or breach of international obligations by the CPS; the decision to prosecute, though disagreed with by the judge, was properly made under the Code for Crown Prosecutors. The circumstances did not meet the high threshold for limb two abuse of process, and the court’s sense of justice and propriety was not affronted to the degree required by law.

Court Disposition

Appeal allowed; stay set aside; prosecution to continue

Orders

  • The stay of prosecution is set aside.
  • The trial is to be transferred to a London Crown Court other than Woolwich.