Guest v Director of Public Prosecutions [2009] EWHC 594 (Admin) (05 March 2009)

Guest v Director of Public Prosecutions [2009] EWHC 594 (Admin) (05 March 2009)

The decision not to prosecute and to administer a conditional caution was fundamentally flawed, as it failed to comply with the Code for Crown Prosecutors, the Director's guidance, and the Secretary of State's Code of Practice. The offence was too serious for a conditional caution, and the victim was not properly...

Source-derived case information.

Citation
[2009] EWHC 594 (Admin)
Parties
Claimant: John Guest; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
05 March 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application allowed
Legal Topics
Conditional Cautions, Prosecutorial Discretion, Abuse of Process, Assault Occasioning Actual Bodily Harm, Victims' Rights, Compensation, Public Law Error
Criminal Law Administrative Law Judicial Review Conditional Cautions Prosecutorial Discretion Abuse of Process Assault Occasioning Actual Bodily Harm Victims' Rights +2 more

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Summary, issues, holding and outcome

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Parties

John Guest

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the decision not to prosecute and to administer a conditional caution was lawful
  2. 2 Whether the conditional caution should be quashed
  3. 3 Whether the Director of Public Prosecutions should be ordered to reconsider the decision

Ratio Decidendi

The decision not to prosecute and to administer a conditional caution was fundamentally flawed, as it failed to comply with the Code for Crown Prosecutors, the Director's guidance, and the Secretary of State's Code of Practice. The offence was too serious for a conditional caution, and the victim was not properly involved. Both the decision not to prosecute and the conditional caution must be quashed and the matter reconsidered by the Director of Public Prosecutions.

Court Disposition

Application allowed

Orders

  • The decision not to prosecute and to administer a conditional caution is quashed.
  • The Director of Public Prosecutions is ordered to reconsider the decision not to prosecute.