X v Y [2005] EWHC 953 (Admin) (05 May 2005)

X v Y [2005] EWHC 953 (Admin) (05 May 2005)

The prosecutor's obligation is not only to be aware of all material factors affecting risk but to evaluate and take them into account in the decision-making process. Failure to do so renders the decision unlawful and subject to being quashed.

Source-derived case information.

Citation
[2005] EWHC 953 (Admin)
Parties
Claimant: X; Defendant: Y
Jurisdiction
England and Wales
Judgment Date
05 May 2005
Procedural Posture
Judicial Review / Substantive Application After Renewed Permission
Outcome
Decision to continue prosecution quashed; matter remitted for reconsideration.
Legal Topics
Prosecutorial Discretion, Disclosure Obligations, Risk Assessment, Articles 2 and 3 ECHR, Witness Protection
Criminal Law Human Rights Judicial Review Prosecutorial Discretion Disclosure Obligations Risk Assessment Articles 2 and 3 ECHR Witness Protection

Source-derived case record

Summary, issues, holding and outcome

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Parties

X

Claimant

Y

Defendant

Procedural Posture

Judicial Review / Substantive Application After Renewed Permission

Legal Issues

  1. 1 Whether the prosecutor's decision to continue prosecution after disclosure of informant status was lawful under Articles 2 and 3 ECHR
  2. 2 Whether the risk assessment considered all relevant factors

Ratio Decidendi

The prosecutor's obligation is not only to be aware of all material factors affecting risk but to evaluate and take them into account in the decision-making process. Failure to do so renders the decision unlawful and subject to being quashed.

Court Disposition

Decision to continue prosecution quashed; matter remitted for reconsideration.

Orders

  • The decision to continue criminal proceedings against X is quashed.
  • The Defendant must retake the decision with due regard to the omitted matters identified by the court.