Director of Public Prosecutions, R (on the application of) v Sheffield Crown Court & Ors

Director of Public Prosecutions, R (on the application of) v Sheffield Crown Court & Ors

The Crown Court judge had no jurisdiction to make a costs order against the CPS under s.19 of the Prosecution of Offences Act 1985 as a means of impugning prosecutorial discretion; such orders cannot be used to revisit prosecutorial decisions. Consequently, the High Court has jurisdiction to quash the order as it...

Source-derived case information.

Parties
Claimant: Director of Public Prosecutions; Defendant: Sheffield Crown Court; Interested Party: Peter Barry Goodison; Interested Party: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
20 June 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
application allowed; costs order against CPS quashed
Legal Topics
Prosecutorial Discretion, Costs Orders, Judicial Review, Abuse of Process, Jurisdiction
Criminal Law Constitutional Law Administrative Law Prosecutorial Discretion Costs Orders Judicial Review Abuse of Process Jurisdiction

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Parties

Director of Public Prosecutions

Claimant

Sheffield Crown Court

Defendant

Peter Barry Goodison

Interested Party

Ministry of Justice

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Did the Crown Court judge have jurisdiction to make a costs order against the CPS under s.19 of the Prosecution of Offences Act 1985?
  2. 2 Does the High Court have jurisdiction to quash the costs order under s.28(2) and s.29(3) of the Senior Courts Act 1981?

Ratio Decidendi

The Crown Court judge had no jurisdiction to make a costs order against the CPS under s.19 of the Prosecution of Offences Act 1985 as a means of impugning prosecutorial discretion; such orders cannot be used to revisit prosecutorial decisions. Consequently, the High Court has jurisdiction to quash the order as it was made without jurisdiction.

Court Disposition

application allowed; costs order against CPS quashed

Orders

  • The costs order against the CPS under s.19 of the Prosecution of Offences Act 1985 is quashed.
  • Costs not recovered from the CPS may be recovered from central funds as ordered by the judge.