The principal, although not only, issue raised in these judicial review proceedings is by reference to the application of s.133 of the 1988 Act to the circumstances of this case: in particular, and putting it in a short-hand way, whether the late appreciation that the applicant all along had a potentially complete defence to the charge is to be regarded as a ‘new or newly discovered fact’ for the purposes of the section. If it is so to be regarded, there is then a question as to whether the decision of 6 January 2014 was flawed.
Judges:
Lord Justice Davis
Mr Justice Stewart
Citations:
[2014] EWHC 3988 (Admin)
Links:
Jurisdiction:
England and Wales
Criminal Practice
Updated: 13 June 2022; Ref: scu.541593
