Bamber, R (on the application of) v Crown Prosecution Service [2020] EWHC 1391 (Admin) (05 June 2020)

Bamber, R (on the application of) v Crown Prosecution Service [2020] EWHC 1391 (Admin) (05 June 2020)

Permission to seek judicial review is refused because the claimant has an adequate alternative remedy in the form of an application to the CCRC, and there is no arguable error of law in the CPS's refusal to disclose further material. The existence of a second sound moderator, even if established, does not provide a tenable ground to undermine the safety of the convictions. The disclosure request is speculative and not supported by credible evidence.

Citation
[2020] EWHC 1391 (Admin)
Parties
Claimant: Jeremy Bamber; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
05 June 2020
Procedural Posture
Judicial Review / Renewed Application for Permission to Seek Judicial Review
Outcome
Permission to seek judicial review refused
Legal Topics
Post Conviction Disclosure, Duty of Disclosure, Alternative Remedy, Criminal Cases Review Commission (ccrc), Sound Moderator Evidence, Safety of Conviction
Criminal Law Judicial Review Disclosure Post Conviction Disclosure Duty of Disclosure Alternative Remedy Criminal Cases Review Commission (ccrc) Sound Moderator Evidence +1 more

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Parties

Jeremy Bamber

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Seek Judicial Review

Legal Issues

  1. 1 Whether the CPS is obliged to disclose further material post-conviction to the claimant under the principles in R (Nunn) v Chief Constable of Suffolk [2015] AC 225
  2. 2 Whether the existence of a second sound moderator could cast doubt on the safety of the claimant's conviction
  3. 3 Whether the claimant must first seek remedy from the CCRC before seeking judicial review

Ratio Decidendi

Permission to seek judicial review is refused because the claimant has an adequate alternative remedy in the form of an application to the CCRC, and there is no arguable error of law in the CPS's refusal to disclose further material. The existence of a second sound moderator, even if established, does not provide a tenable ground to undermine the safety of the convictions. The disclosure request is speculative and not supported by credible evidence.

Court Disposition

Permission to seek judicial review refused

Orders

  • Renewed application for permission to seek judicial review is refused