AB, R (On the Application Of) v Hampshire Constabulary & Ors [2019] EWHC 3461 (Admin) (17 December 2019)

AB, R (On the Application Of) v Hampshire Constabulary & Ors [2019] EWHC 3461 (Admin) (17 December 2019)

The court held that the relevant provisions of the Youth Justice and Criminal Evidence Act 1999 do not impose implied statutory duties on the police regarding the conduct of investigations or the appointment of intermediaries. The police made reasonable efforts to secure a registered intermediary and, when...

Source-derived case information.

Citation
[2019] EWHC 3461 (Admin)
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
Outcome
Claim dismissed
Legal Topics
Police Investigation Standards, Special Measures for Vulnerable Witnesses, Equality Act 2010 Duties, Children Act 2004 Duties, European Convention on Human Rights (articles 3, 8, 14), Judicial Review Procedure
Criminal Law Human Rights Law Administrative Law Equality Law Police Investigation Standards Special Measures for Vulnerable Witnesses Equality Act 2010 Duties Children Act 2004 Duties +2 more

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Summary, issues, holding and outcome

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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

Legal Issues

  1. 1 Whether the police investigation into alleged sexual assault of a vulnerable child was adequate and lawful
  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 on intermediaries and special measures

Ratio Decidendi

The court held that the relevant provisions of the Youth Justice and Criminal Evidence Act 1999 do not impose implied statutory duties on the police regarding the conduct of investigations or the appointment of intermediaries. The police made reasonable efforts to secure a registered intermediary and, when unsuccessful, proceeded with the best available support. The investigation was not unlawful or inadequate under domestic law or the ECHR, and there was no breach of the Equality Act 2010 or Children Act 2004. The decision to take no further action was not unlawful.

Court Disposition

Claim dismissed