Mooney, Re Judicial Review [2014] NIQB 48 (8 April 2014)

Mooney, Re Judicial Review [2014] NIQB 48 (8 April 2014)

The PPS's decision to discontinue prosecution was reached without regard to important provisions of its statutory Code and settled Policy concerning the public interest, specifically the requirement to consider the interests and views of the victim. This constituted an exceptional case justifying judicial review and...

Source-derived case information.

Citation
[2014] NIQB 48
Parties
Applicant: Christopher Mooney; Respondent: Public Prosecution Service; Notice Party: Craig Doak
Jurisdiction
Northern Ireland
Judgment Date
08 April 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
decision quashed and remitted
Legal Topics
Prosecutorial Discretion, Victims' Rights, Public Interest Test, Code for Prosecutors, Decision to Discontinue Prosecution
Criminal Law Public Law Judicial Review Prosecutorial Discretion Victims' Rights Public Interest Test Code for Prosecutors Decision to Discontinue Prosecution

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Summary, issues, holding and outcome

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Parties

Christopher Mooney

Applicant

Public Prosecution Service

Respondent

Craig Doak

Notice Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the PPS's decision to discontinue prosecution against the notice party was unlawful for failure to follow its own Code and Victims and Witnesses Policy
  2. 2 Whether the applicant's interests as a victim were properly considered in the public interest assessment
  3. 3 Whether the decision was irrational or breached Article 8 ECHR

Ratio Decidendi

The PPS's decision to discontinue prosecution was reached without regard to important provisions of its statutory Code and settled Policy concerning the public interest, specifically the requirement to consider the interests and views of the victim. This constituted an exceptional case justifying judicial review and quashing of the decision.

Court Disposition

decision quashed and remitted

Orders

  • The decision of 23 April 2013 to discontinue prosecution against the notice party is quashed.
  • The matter is remitted to the PPS for further consideration in accordance with its Code and Policy.