Kotova v Director of Public Prosecutions

Kotova v Director of Public Prosecutions

There is no double jeopardy because the Russian conviction concerned an attempted bribe (Canbaikal) while the UK investigation concerns a separate, completed bribe (Vostok) not prosecuted in Russia. The references to the Vostok bribe in Russian proceedings were background only. The delay in the UK investigation is not oppressive or exceptional; the investigation is essentially complete and the only bar to prosecution is the claimant's absence from the UK.

Parties
Claimant: Kotova; First Defendant: Director of Public Prosecutions; Second Defendant: Commissioner of Police the City of London
Jurisdiction
England and Wales
Judgment Date
08 December 2015
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Double Jeopardy, Prosecutorial Discretion, Delay in Investigation, Costs
Criminal Law Judicial Review Double Jeopardy Prosecutorial Discretion Delay in Investigation Costs

Case Brief

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Parties

Kotova

Claimant

Director of Public Prosecutions

First Defendant

Commissioner of Police the City of London

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the UK investigation into the claimant constitutes double jeopardy given her conviction in Russia for related conduct
  2. 2 Whether the delay or alleged stagnation of the UK investigation is oppressive or irrational and warrants judicial intervention

Ratio Decidendi

There is no double jeopardy because the Russian conviction concerned an attempted bribe (Canbaikal) while the UK investigation concerns a separate, completed bribe (Vostok) not prosecuted in Russia. The references to the Vostok bribe in Russian proceedings were background only. The delay in the UK investigation is not oppressive or exceptional; the investigation is essentially complete and the only bar to prosecution is the claimant's absence from the UK.

Court Disposition

Application for judicial review dismissed

Orders

  • Defendants to have their costs in their entirety, subject to detailed assessment