F, R (on the application of) v Crown Prosecution Service & Anor

F, R (on the application of) v Crown Prosecution Service & Anor

The police were not required or permitted to re-interview the claimant after charge, nor to administer a final warning in the absence of an unequivocal admission of guilt; the CPS acted lawfully in continuing the prosecution, having properly considered the evidence and public interest; the claimant's challenges fail on all grounds.

Parties
Claimant: F; 1st Defendant: Crown Prosecution Service; 2nd Defendant: Chief Constable Merseyside Police
Jurisdiction
England and Wales
Judgment Date
12 December 2003
Procedural Posture
Judicial Review / Substantive Hearing and Judgment
Outcome
Claim dismissed
Legal Topics
Final Warning Scheme, Police Discretion, Prosecution Discretion, Judicial Review, Youth Offenders, Crime and Disorder Act 1998
Criminal Law Administrative Law Juvenile Justice Final Warning Scheme Police Discretion Prosecution Discretion Judicial Review Youth Offenders +1 more

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Parties

F

Claimant

Crown Prosecution Service

1st Defendant

Chief Constable Merseyside Police

2nd Defendant

Procedural Posture

Judicial Review / Substantive Hearing and Judgment

Legal Issues

  1. 1 Whether the police acted lawfully in refusing to re-interview the claimant after charge
  2. 2 Whether the police acted lawfully in refusing to administer a final warning to the claimant
  3. 3 Whether the Crown Prosecution Service acted lawfully in continuing the prosecution

Ratio Decidendi

The police were not required or permitted to re-interview the claimant after charge, nor to administer a final warning in the absence of an unequivocal admission of guilt; the CPS acted lawfully in continuing the prosecution, having properly considered the evidence and public interest; the claimant's challenges fail on all grounds.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review dismissed
  • No order as to costs against the claimant, subject to public funding certificate for assessment of claimant's costs