FF, R (On the Application Of) v Director of Public Prosecutions

There is no legal or proper basis to continue the order concealing Prince Nasser's identity; the order should be discharged but suspended for 14 days to allow an application by Prince Nasser.

Parties: Claimant: FF; Defendant: Director of Public Prosecutions
Jurisdiction: England and Wales
Judgment Date: 19 June 2013
Procedural Posture: Judicial Review / Directions Hearing Following Grant of Permission
Outcome: Order discharging anonymity of Prince Nasser, suspended for 14 days to allow application by Prince Nasser.
Legal Topics: State Immunity, Torture, Criminal Jurisdiction, Anonymity Orders

Public Law Criminal Law International Law State Immunity Torture Criminal Jurisdiction Anonymity Orders

Case Brief

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Parties

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Judicial Review / Directions Hearing Following Grant of Permission

Legal Issues

1 Whether Prince Nasser bin Hamad Al Khalifa is entitled to immunity from prosecution for alleged acts of torture under UK law
2 Whether section 1 of the State Immunity Act 1978 applies to criminal proceedings
3 Whether anonymity and confidentiality orders should be maintained

Ratio Decidendi

There is no legal or proper basis to continue the order concealing Prince Nasser's identity; the order should be discharged but suspended for 14 days to allow an application by Prince Nasser.

Court Disposition

Order discharging anonymity of Prince Nasser, suspended for 14 days to allow application by Prince Nasser.

Orders

Foskett J's order protecting Prince Nasser's identity is discharged, subject to a 14-day suspension.
Anonymity and redaction for the claimant and witness GG are maintained as agreed by parties.