Eviston v. D.P.P. [2002] IESC 62 (31 July 2002)

Eviston v. D.P.P. [2002] IESC 62 (31 July 2002)

Where the DPP communicates a decision not to prosecute and subsequently reverses that decision without new evidence or warning to the affected person, and where the review procedures are not part of the law, such reversal without notice constitutes a breach of fair procedures and constitutional justice, warranting judicial intervention to restrain the prosecution.

Citation
[2002] IESC 62
Parties
Applicant/respondent: Linda Eviston; Respondent/appellant: Director of Public Prosecutions
Jurisdiction
Ireland
Judgment Date
31 July 2002
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court Order Restraining Prosecution
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Prosecutorial Discretion, Judicial Review, Fair Procedures, Legitimate Expectation, Ultra Vires, Natural Justice
Criminal Law Constitutional Law Administrative Law Prosecutorial Discretion Judicial Review Fair Procedures Legitimate Expectation Ultra Vires +1 more

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Parties

Linda Eviston

Applicant/respondent

Director of Public Prosecutions

Respondent/appellant

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court Order Restraining Prosecution

Legal Issues

  1. 1 Whether the DPP can lawfully reverse a communicated decision not to prosecute in the absence of new evidence or changed circumstances
  2. 2 Whether such a reversal without notice breaches fair procedures or constitutional justice

Ratio Decidendi

Where the DPP communicates a decision not to prosecute and subsequently reverses that decision without new evidence or warning to the affected person, and where the review procedures are not part of the law, such reversal without notice constitutes a breach of fair procedures and constitutional justice, warranting judicial intervention to restrain the prosecution.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • DPP restrained from taking any further steps in the prosecution of Linda Eviston arising from the incident