Samir v Crown Prosecution Service

Samir v Crown Prosecution Service

There is no evidence of bad faith or malice by the CPS; the prosecution is based on clear evidence and does not bring the administration of justice into disrepute. Alleged breaches of Articles 3 and 8 ECHR are completely without merit.

Source-derived case information.

Parties
Claimant: Samir; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
20 June 2013
Procedural Posture
Judicial Review / Renewed Application for Judicial Review
Outcome
Renewed application for judicial review refused
Legal Topics
Judicial Review of Prosecution Decision, Knowingly Employing Persons Not Entitled to Work, Bad Faith and Abuse of Process, European Convention on Human Rights (articles 3 and 8)
Criminal Law Administrative Law Human Rights Law Judicial Review of Prosecution Decision Knowingly Employing Persons Not Entitled to Work Bad Faith and Abuse of Process European Convention on Human Rights (articles 3 and 8)

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Parties

Samir

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Renewed Application for Judicial Review

Legal Issues

  1. 1 Whether the prosecution should be stayed for abuse of process
  2. 2 Whether CPS conduct amounted to bad faith
  3. 3 Whether prosecution breached Articles 3 or 8 ECHR

Ratio Decidendi

There is no evidence of bad faith or malice by the CPS; the prosecution is based on clear evidence and does not bring the administration of justice into disrepute. Alleged breaches of Articles 3 and 8 ECHR are completely without merit.

Court Disposition

Renewed application for judicial review refused

Orders

  • Matter to proceed before the district judge as quickly as possible