M v Leicestershire Constabulary

M v Leicestershire Constabulary

The claimant did not make clear and reliable admissions to all elements of attempted rape, particularly intention to penetrate without consent, and the police interview was conducted in a manner likely to produce unreliable admissions; therefore, the statutory preconditions for a final warning were not met and the warning must be quashed.

Parties
Claimant: M; Defendant: Leicestershire Constabulary
Jurisdiction
England and Wales
Judgment Date
08 July 2009
Procedural Posture
Judicial Review / Judgment After Substantive Hearing Following Grant of Permission
Outcome
Final warning quashed; costs awarded to claimant.
Legal Topics
Final Warnings for Juveniles, Admissions in Police Interviews, Attempted Rape, Judicial Review of Prosecutorial Decisions
Criminal Law Administrative Law Youth Justice Final Warnings for Juveniles Admissions in Police Interviews Attempted Rape Judicial Review of Prosecutorial Decisions

Case Brief

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Parties

M

Claimant

Leicestershire Constabulary

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing Following Grant of Permission

Legal Issues

  1. 1 Whether the claimant made clear and reliable admissions to all elements of attempted rape required for a final warning under section 65 of the Crime and Disorder Act 1998

Ratio Decidendi

The claimant did not make clear and reliable admissions to all elements of attempted rape, particularly intention to penetrate without consent, and the police interview was conducted in a manner likely to produce unreliable admissions; therefore, the statutory preconditions for a final warning were not met and the warning must be quashed.

Court Disposition

Final warning quashed; costs awarded to claimant.

Orders

  • Final warning issued to claimant quashed.
  • Detailed assessment of claimant's publicly funded costs ordered.