Smith, R (on the application of) v Crown Prosecution Service

Smith, R (on the application of) v Crown Prosecution Service

It would be an abuse of process and an affront to justice to proceed with the prosecution after an agreement was reached for the CPS to offer no evidence and impose a restraining order, especially where the change of position was not justified by consultation or other good reason, and the claimant's absence was not a fault.

Parties
Claimant: Robert Smith; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
24 November 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review allowed; CPS decision to proceed with prosecution quashed.
Legal Topics
Abuse of Process, Restraining Orders, Prosecutorial Discretion, Domestic Violence
Criminal Law Administrative Law Abuse of Process Restraining Orders Prosecutorial Discretion Domestic Violence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Robert Smith

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether it is an abuse of process for the CPS to proceed with prosecution after an agreement to offer no evidence and impose a restraining order
  2. 2 Whether the absence of consultation with the complainant and support agencies justifies the CPS change of position
  3. 3 Whether prejudice to the defendant is required to establish abuse of process

Ratio Decidendi

It would be an abuse of process and an affront to justice to proceed with the prosecution after an agreement was reached for the CPS to offer no evidence and impose a restraining order, especially where the change of position was not justified by consultation or other good reason, and the claimant's absence was not a fault.

Court Disposition

Application for judicial review allowed; CPS decision to proceed with prosecution quashed.

Orders

  • CPS must offer no evidence against the claimant, subject to the claimant's continued willingness to accept a restraining order.
  • Claimant's costs to be subject to detailed assessment; question of payment of costs out of central funds adjourned for consideration on paper by a divisional court.