Armani Da Silva, R (on the application of) v Director of Public Prosecutions & Anor Rev 1

Armani Da Silva, R (on the application of) v Director of Public Prosecutions & Anor Rev 1

The Director of Public Prosecutions' decision not to prosecute individual officers was lawful, as it was made in accordance with the Code for Crown Prosecutors, applying the correct evidential test, and was a reasonable decision on the material before him. Article 2 ECHR does not require a different evidential test or a more intensive standard of judicial review. The refusal to disclose underlying evidence was also lawful, as it was not necessary for the determination of the claim and disclosure could prejudice ongoing criminal proceedings.

Parties
Claimant: Patricia Armani da Silva; First Defendant: Director of Public Prosecutions; Second Defendant: Independent Police Complaints Commission
Jurisdiction
England and Wales
Judgment Date
14 December 2006
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Decision to Prosecute, Article 2 ECHR, Disclosure of Evidence, Prosecution Policy, Death in Custody
Criminal Law Human Rights Law Judicial Review Decision to Prosecute Article 2 ECHR Disclosure of Evidence Prosecution Policy Death in Custody

Case Brief

Summary, issues, holding and outcome

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Parties

Patricia Armani da Silva

Claimant

Director of Public Prosecutions

First Defendant

Independent Police Complaints Commission

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Director of Public Prosecutions' decision not to prosecute individual police officers for murder or manslaughter was lawful
  2. 2 Whether the evidential test in the Code for Crown Prosecutors is compatible with Article 2 ECHR
  3. 3 Whether the refusal to disclose underlying evidence to the claimant was lawful

Ratio Decidendi

The Director of Public Prosecutions' decision not to prosecute individual officers was lawful, as it was made in accordance with the Code for Crown Prosecutors, applying the correct evidential test, and was a reasonable decision on the material before him. Article 2 ECHR does not require a different evidential test or a more intensive standard of judicial review. The refusal to disclose underlying evidence was also lawful, as it was not necessary for the determination of the claim and disclosure could prejudice ongoing criminal proceedings.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.
  • No order for disclosure of underlying evidence.