The claimant sought judicial review of the defendant’s decision to discontinue a prosecution, saying that the respondent had failed to consider his duties under the 1995 Act. The prosecution had been discontinued for the victim’s mental instability and quality as a witness.
Held: The conclusion drawn by the defendant did not follow from the medical report obtained, and judicial review was allowed. It involved unacceptable stereotyping of the victim, and denied him the protection of his article 3 rights.
Toulson LJ, Forbes J
[2009] 1 WLR 2072, [2009] EWHC 106 (Admin), [2009] UKHRR 669, [2009] 1 Cr App Rep 38, (2009) 106 BMLR 152, [2009] ACD 19
Bailii, Times
Disability Discrimination Act 1995 49A, European Convention on Human Rights 3
England and Wales
Cited by:
Cited – Gujra, Regina (on The Application of) v Crown Prosecution Service SC 14-Nov-2012
The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a . .
Cited – End Violence against Women Coalition, Regina (on The Application of) v Director of Public Prosecutions CA 15-Mar-2021
The claimant was concerned as to the low and declining rate of prosecution for rape and serious sexual assaults against women as a proportion of allegations made. They complained of a change in policy moving away from a ‘merits based approach’. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Discrimination, Human Rights
Updated: 01 November 2021; Ref: scu.280246
