End Violence Against Women Coalition, R (On the Application Of) v Director of Public Prosecutions

End Violence Against Women Coalition, R (On the Application Of) v Director of Public Prosecutions

The decision to remove references to the merits-based approach from CPS guidance did not amount to an unlawful change of policy or practice, was not irrational, did not create a risk of systemic illegality, did not require consultation, did not breach section 149 of the Equality Act 2010, and did not breach the duty...

Source-derived case information.

Parties
Claimant: End Violence Against Women Coalition; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
15 March 2021
Procedural Posture
Judicial Review / Judgment on Substantive Application After Permission Granted by Court of Appeal
Outcome
Application for judicial review dismissed
Legal Topics
Prosecution Policy, Judicial Review, Equality Act Compliance, Consultation Requirements, Transparency in Public Policy
Criminal Law Administrative Law Equality Law Prosecution Policy Judicial Review Equality Act Compliance Consultation Requirements Transparency in Public Policy

Source-derived case record

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 5 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

End Violence Against Women Coalition

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Judicial Review / Judgment on Substantive Application After Permission Granted by Court of Appeal

Legal Issues

  1. 1 Whether the DPP unlawfully changed prosecution policy for rape and serious sexual offences
  2. 2 Whether the removal of the 'merits-based approach' from guidance was irrational or unlawful
  3. 3 Whether the DPP failed to consult stakeholders as required by legitimate expectation

Ratio Decidendi

The decision to remove references to the merits-based approach from CPS guidance did not amount to an unlawful change of policy or practice, was not irrational, did not create a risk of systemic illegality, did not require consultation, did not breach section 149 of the Equality Act 2010, and did not breach the duty of transparency. The full Code test remained the operative standard throughout.

Court Disposition

Application for judicial review dismissed