Belhaj and another v Director of Public Prosecutions and another

Judicial review proceedings challenging a decision not to prosecute are proceedings in a criminal cause or matter for the purposes of section 6 of the Justice and Security Act 2013, and therefore closed material procedure is not available in such proceedings.

Parties: Appellants: Belhaj and another; 1st Respondent: Director of Public Prosecutions; 2nd Respondent: Secretary of State for Foreign and Commonwealth Affairs
Jurisdiction: England and Wales
Judgment Date: 04 July 2018
Procedural Posture: Judicial Review / Supreme Court Appeal From Divisional Court
Outcome: Appeal allowed
Legal Topics: Closed Material Procedure, Judicial Review of Prosecutorial Decisions, Interpretation of Statutes, National Security and Evidence, Article 6 ECHR

Public Law Criminal Law National Security Closed Material Procedure Judicial Review of Prosecutorial Decisions Interpretation of Statutes National Security and Evidence Article 6 ECHR

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Parties

Belhaj and another

Appellants

Director of Public Prosecutions

1st Respondent

Secretary of State for Foreign and Commonwealth Affairs

2nd Respondent

Procedural Posture

Judicial Review / Supreme Court Appeal From Divisional Court

Legal Issues

1 Whether judicial review of a decision not to prosecute constitutes 'proceedings in a criminal cause or matter' under section 6 of the Justice and Security Act 2013
2 Whether closed material procedure can be used in such judicial review proceedings

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Declaration that the present proceedings are proceedings in a criminal cause or matter for the purpose of section 6 of the Justice and Security Act 2013