NXB v Crown Prosecution Service

NXB v Crown Prosecution Service

The CPS's decision to withdraw the prosecution was neither irrational nor based on a misunderstanding or misapplication of prosecutorial policy. The decision was made after a careful, balanced assessment of the evidence and the claimant's credibility, in accordance with the Code for Crown Prosecutors. There was no breach of Article 3 ECHR or the State's positive obligations, and the claim fails.

Parties
Claimant: NXB; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
12 March 2015
Procedural Posture
Civil Claim for Damages Under the Human Rights Act 1998 / Judgment After Trial
Outcome
Claim dismissed; judgment for the Defendant.
Legal Topics
Article 3 ECHR, Prosecutorial Discretion, Positive Obligations of the State, Judicial Review of Prosecutorial Decisions, Historic Sexual Abuse, Damages for Breach of Human Rights
Human Rights Law Criminal Law Civil Procedure Article 3 ECHR Prosecutorial Discretion Positive Obligations of the State Judicial Review of Prosecutorial Decisions Historic Sexual Abuse +1 more

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Parties

NXB

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Civil Claim for Damages Under the Human Rights Act 1998 / Judgment After Trial

Legal Issues

  1. 1 Whether the CPS's decision to withdraw prosecution breached Article 3 ECHR positive obligations
  2. 2 Whether the CPS acted irrationally or unlawfully in withdrawing prosecution
  3. 3 Whether the decision not to prosecute was based on errors of law or misapplication of policy

Ratio Decidendi

The CPS's decision to withdraw the prosecution was neither irrational nor based on a misunderstanding or misapplication of prosecutorial policy. The decision was made after a careful, balanced assessment of the evidence and the claimant's credibility, in accordance with the Code for Crown Prosecutors. There was no breach of Article 3 ECHR or the State's positive obligations, and the claim fails.

Court Disposition

Claim dismissed; judgment for the Defendant.