Hamberger, R (On the Application Of) v Crown Prosecution Service

Hamberger, R (On the Application Of) v Crown Prosecution Service

The claimant's grounds for judicial review are not arguable because the trial judge found him fit to plead after considering medical evidence, the statutory requirements for video link evidence are not met, and judicial review should not interrupt ongoing Crown Court proceedings except in exceptional circumstances, which are not present here.

Parties
Claimant: Hamberger; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
20 May 2014
Procedural Posture
Judicial Review / Renewed Application for Permission to Apply for Judicial Review
Outcome
Permission to apply for judicial review refused
Legal Topics
Fitness to Plead, Video Link Evidence, Article 2 ECHR, Article 3 ECHR, Case Management in Criminal Trials
Criminal Law Judicial Review Human Rights Fitness to Plead Video Link Evidence Article 2 ECHR Article 3 ECHR Case Management in Criminal Trials

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Parties

Hamberger

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the CPS decision to continue prosecution was unlawful due to claimant's health and ECHR rights
  2. 2 Whether the claimant could participate in trial via video link under statutory authority
  3. 3 Whether judicial review is appropriate where trial on indictment is ongoing

Ratio Decidendi

The claimant's grounds for judicial review are not arguable because the trial judge found him fit to plead after considering medical evidence, the statutory requirements for video link evidence are not met, and judicial review should not interrupt ongoing Crown Court proceedings except in exceptional circumstances, which are not present here.

Court Disposition

Permission to apply for judicial review refused

Orders

  • Renewed application for permission to apply for judicial review is refused