Edwards, R (on the application of) v Criminal Cases Review Commission

There was no evidential basis for a finding of entrapment or for further investigation by the Commission. The Commission was justified in not referring the claimant’s case to the Court of Appeal.

Parties: Claimant: Martin Edwards; Defendant: Criminal Cases Review Commission
Jurisdiction: England and Wales
Judgment Date: 13 October 2008
Procedural Posture: Judicial Review / Final Judgment
Outcome: Application refused
Legal Topics: Entrapment, Abuse of Process, Disclosure of Evidence

Criminal Law Judicial Review Entrapment Abuse of Process Disclosure of Evidence

Case Brief

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Parties

Martin Edwards

Claimant

Criminal Cases Review Commission

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Commission erred in law by failing to investigate entrapment despite the claimant advancing a substantive defence
2 Whether contesting a criminal charge on the merits bars a finding of abuse of process by reason of entrapment

Ratio Decidendi

There was no evidential basis for a finding of entrapment or for further investigation by the Commission. The Commission was justified in not referring the claimant’s case to the Court of Appeal.

Court Disposition

Application refused