Da Silva, Regina (on the Application of) v Director of Public Prosecutions and Another: Admn 14 Dec 2006

An innocent bystander had been shot dead by police mistaking him for a suicide bomber. The claimant, a cousin, challenged decisions not to prosecute any officer for murder or manslaughter or any other criminal offence.
Held: Review was refused: ‘A decision to prosecute can have a profound effect on the accused; and a decision not to prosecute, especially in circumstances where it is believed or asserted that the decision is or may be erroneous, can affect public confidence in the integrity and competence of the criminal justice system. The approach in the Code is that a prosecution must not go ahead if there is no realistic prospect of conviction, and that it is not the role of the CPS simply to give cases a public airing regardless of the strength of the evidence. Although it has been suggested that the CPS should recognise a category of cases where, because of the public interest in holding a trial in open court, a prosecution should be brought even though there is assessed to be insufficient evidence to provide a realistic prospect of conviction, it would be unfair and incompatible with a consistent application of the principles of justice to adopt a different standard for a particular category of suspect and to subject persons within that category to the burden of a prosecution even where there was not a realistic prospect of conviction.
Richards LJ, Forbes and Mackay JJ
[2006] EWHC 3204 (Admin)
Prosecution of Offences Act 1985 10, Europeana Convention on Human Rights 2
CitedRegina v The Director of Public Prosecutions, Ex Parte Manning, Ex Parte Melbourne QBD 17-May-2000
The applicants sought judicial review of the decision of the Director not to prosecute anybody after the death of their brother in prison custody, and while under restraint by prison officers. The jury at a coroner’s inquest had returned a verdict . .

Cited by:
At AdmnPatricia Armani Da Silva v The United Kingdom ECHR 28-Sep-2010
The applicant complained of the failure to convict anyone of a serious criminal offence after her innocent cousin was shot dead by police officers who said they mistook him for a suicide bomber. . .
At AdmnPatricia Armani Da Silva v The United Kingdom ECHR 7-Jul-2012
The claimant’s cousin had been shot by police mistakenly thinking he was a terrorist with a suicide bomb. . .
At AdmnPatricia Armani Da Silva v The United Kingdom ECHR 12-Jul-2012
The claimant’s innocent cousin Jean Charles de Menezes had been shot and killed by police officers seeking a suicide bomber. She had complained that after investigation, no police officer had been prosecuted for any serious offence of murder or . .

These lists may be incomplete.
Updated: 01 February 2021; Ref: scu.247468