S v Crown Prosecution Service [2015] EWHC 2868 (Admin) (13 October 2015)

S v Crown Prosecution Service [2015] EWHC 2868 (Admin) (13 October 2015)

The CPS's decision to prosecute following a Victims' Right to Review was lawful, rational, and in accordance with policy and Directive 2012/29/EU; the Guidance is lawful and does not require suspect participation in the review; the District Judge acted within his powers in refusing to adjourn; no further disclosure...

Source-derived case information.

Citation
[2015] EWHC 2868 (Admin)
Parties
Claimant: S; Defendant: Crown Prosecution Service; Claimant: Oxford Magistrates' Court; Interested Parties: Oxford Crown Court
Jurisdiction
England and Wales
Judgment Date
13 October 2015
Procedural Posture
Judicial Review / Application for Permission for Judicial Review and Disclosure
Outcome
Applications for permission to apply for judicial review and for disclosure dismissed.
Legal Topics
Prosecutorial Discretion, Victims' Right to Review, Disclosure in Judicial Review, Charging Decisions, Natural Justice
Criminal Law Judicial Review Administrative Law Prosecutorial Discretion Victims' Right to Review Disclosure in Judicial Review Charging Decisions Natural Justice

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Summary, issues, holding and outcome

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Parties

S

Claimant

Crown Prosecution Service

Defendant

Oxford Magistrates' Court

Claimant

Oxford Crown Court

Interested Parties

Procedural Posture

Judicial Review / Application for Permission for Judicial Review and Disclosure

Legal Issues

  1. 1 Whether the CPS's decision to prosecute following a Victims' Right to Review was irrational or unlawful
  2. 2 Whether the Guidance on Victims' Right to Review is unlawful for lack of suspect participation
  3. 3 Whether the District Judge erred in refusing to adjourn the committal pending judicial review

Ratio Decidendi

The CPS's decision to prosecute following a Victims' Right to Review was lawful, rational, and in accordance with policy and Directive 2012/29/EU; the Guidance is lawful and does not require suspect participation in the review; the District Judge acted within his powers in refusing to adjourn; no further disclosure was required.

Court Disposition

Applications for permission to apply for judicial review and for disclosure dismissed.

Orders

  • Permission to apply for judicial review refused.
  • Application for disclosure refused.