Dennis, R (on the application of) v DPP

Dennis, R (on the application of) v DPP

The CPS failed to properly consider material evidence and the seriousness of the breach of duty, and did not provide clear reasons for not prosecuting Roy Clarke despite the inquest verdict. These failures justify referring the matter back to the CPS for reconsideration.

Parties
Applicant: Peter Dennis; Respondent: DPP
Jurisdiction
England and Wales
Judgment Date
29 December 2006
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review allowed; matter referred back to CPS for reconsideration.
Legal Topics
Gross Negligence Manslaughter, Prosecutorial Discretion, Judicial Review, Duty of Care, Health and Safety at Work
Criminal Law Administrative Law Gross Negligence Manslaughter Prosecutorial Discretion Judicial Review Duty of Care Health and Safety at Work

Case Brief

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Parties

Peter Dennis

Applicant

DPP

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the CPS failed to properly consider evidence and follow its own code in deciding not to prosecute for gross negligence manslaughter
  2. 2 Whether the decision not to prosecute Roy Clarke was irrational or perverse
  3. 3 Whether the CPS failed to provide adequate reasons for not prosecuting despite an inquest verdict of unlawful killing

Ratio Decidendi

The CPS failed to properly consider material evidence and the seriousness of the breach of duty, and did not provide clear reasons for not prosecuting Roy Clarke despite the inquest verdict. These failures justify referring the matter back to the CPS for reconsideration.

Court Disposition

Application for judicial review allowed; matter referred back to CPS for reconsideration.

Orders

  • The CPS is required to reconsider its decision not to prosecute Roy Clarke for gross negligence manslaughter.