R v AYP

R v AYP

The judge's decision to order the indictment to lie on the file was wrong in law and unreasonable because it usurped the prosecutorial discretion of the CPS, whose independence must be respected. The procedural requirements for appeal were sufficiently met given the circumstances, and the prosecution was entitled to appeal the order under section 58 of the Criminal Justice Act 2003.

Parties
Applicant: Rex; Respondent: AYP
Jurisdiction
England and Wales
Judgment Date
08 June 2024
Procedural Posture
Criminal Appeal / Appeal Against Order to Lie Indictment on File
Outcome
appeal allowed
Legal Topics
Prosecution Appeals, Indictment Lying on File, Judicial Discretion, Reporting Restrictions
Criminal Law Criminal Procedure Prosecution Appeals Indictment Lying on File Judicial Discretion Reporting Restrictions

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Parties

Rex

Applicant

AYP

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Order to Lie Indictment on File

Legal Issues

  1. 1 Whether the prosecution may appeal an order to lie an indictment on the file under section 58 of the Criminal Justice Act 2003
  2. 2 Whether the procedural requirements for such an appeal were met
  3. 3 Whether the judge's decision to order the indictment to lie on the file was wrong in law or unreasonable

Ratio Decidendi

The judge's decision to order the indictment to lie on the file was wrong in law and unreasonable because it usurped the prosecutorial discretion of the CPS, whose independence must be respected. The procedural requirements for appeal were sufficiently met given the circumstances, and the prosecution was entitled to appeal the order under section 58 of the Criminal Justice Act 2003.

Court Disposition

appeal allowed

Orders

  • The judge's decision ordering the indictment to lie on the file is reversed.
  • The proceedings are to be resumed in the Crown Court at a different venue and before a different judge, as determined by the Presiding Judges of the Western Circuit.