AB, R (On the Application Of) v Hampshire Constabulary & Ors

AB, R (On the Application Of) v Hampshire Constabulary & Ors

The police investigation into the alleged sexual abuse of the vulnerable claimant was lawful and adequate. There was no breach of implied statutory duties under the Youth Justice and Criminal Evidence Act 1999, no unlawful failure to follow guidance, no breach of the duty to make reasonable adjustments under the Equality Act 2010, and no breach of section 11 of the Children Act 2004 or section 149 of the Equality Act 2010. The decision to take no further action was lawful. The claim for judicial review is dismissed.

Parties
Claimant: AB; First Defendant: Chief Constable of Hampshire Constabulary; Second Defendant: Secretary of State for Justice; Third Defendant: Crown Prosecution Service; Fourth Defendant: National Police Chiefs’ Council
Jurisdiction
England and Wales
Judgment Date
17 December 2019
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing (permission and Substantive)
Outcome
Claim for judicial review dismissed
Legal Topics
Judicial Review, Police Investigations, Vulnerable Witnesses, Reasonable Adjustments, Equality Act 2010, Youth Justice and Criminal Evidence Act 1999, Children Act 2004, European Convention on Human Rights (articles 3, 8, 14)
Administrative Law Criminal Law Human Rights Law Equality and Discrimination Law Judicial Review Police Investigations Vulnerable Witnesses Reasonable Adjustments +4 more

Case Brief

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Parties

AB

Claimant

Chief Constable of Hampshire Constabulary

First Defendant

Secretary of State for Justice

Second Defendant

Crown Prosecution Service

Third Defendant

National Police Chiefs’ Council

Fourth Defendant

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing (permission and Substantive)

Legal Issues

  1. 1 Whether the police investigation into alleged sexual abuse of a vulnerable child was lawful and adequate under domestic law and the ECHR
  2. 2 Whether there was a breach of implied statutory duties under the Youth Justice and Criminal Evidence Act 1999
  3. 3 Whether there was a failure to follow relevant guidance (Achieving Best Evidence)

Ratio Decidendi

The police investigation into the alleged sexual abuse of the vulnerable claimant was lawful and adequate. There was no breach of implied statutory duties under the Youth Justice and Criminal Evidence Act 1999, no unlawful failure to follow guidance, no breach of the duty to make reasonable adjustments under the Equality Act 2010, and no breach of section 11 of the Children Act 2004 or section 149 of the Equality Act 2010. The decision to take no further action was lawful. The claim for judicial review is dismissed.

Court Disposition

Claim for judicial review dismissed

Orders

  • Claim for judicial review against the first defendant is dismissed
  • Reporting restrictions continue: identities of the claimant, his family, and the interested party must not be disclosed; the claimant to be identified as ‘AB’ and the interested party as ‘CD’