Judicial review was sought of a decision by the respondent to prosecute a child for her alleged sexual abuse of her younger sisters. Agencies other than the police and CPS considered that a prosecution would harm both the applicant and her sisters. It was said that the applicant had herself been groomed by an adult to commit the offences. Nevertheless the respondent had found the evidentiary and public interest tests satisfied.
Held: The request for review succeeded. It was for the DPP and not the court to decide CPS policies. The court’s duties are restricted to testing the lawfulness of a policy. It was impossible to say the policy applied was unlawful.
However the policy had not been correctly applied. The strategy group considering the case had specifically recommended against prosecution for several strong reasons: ‘the decision letter simply does not engage at all with what the report had said, in very plain and concerning terms, about the adverse effects on the welfare of all three children of the decision to prosecute’. The claim succeeded on this point.
The challenge to the decision itself as a disproportionate response failed.
Though such a case should normally be brought within the criminal system, in this case the victims themselves had applied, and since they could only apply in the Administrative Court and since the claims related to the same issues, the entire claim had been properly brought.
Munby LJ, McCombe J
[2011] EWHC 1465 (Admin), [2012] Crim LR 39, [2012] 1 Cr App R 6
Bailii
Prosecution of Offences Act 1985 10, United Nations 1989 Convention on the Rights of the Child 3.1 39, United Nations 1985 Standard Minimum Rules for the Administration of Juvenile Justice, Sexual Offences Act 2003
England and Wales
Citing:
Cited – Regina v Chief Constable of Kent ex parte L 1991
The discretion which is vested in the Crown Prosecution Service to continue criminal proceedings commenced by the police is subject to judicial review by the High Court, but only where it can be shown that the decision was made regardless of, or . .
Cited – C v Director of Public Prosecutions; Regina v Director of Public Prosecutions ex parte C 1995
A CPS decision not to prosecute was quashed because the decision-maker had failed to have regard to one of the matters identified in the relevant part of The Code for Crown Prosecutors. . .
Cited – ZH (Tanzania) v Secretary of State for The Home Department SC 1-Feb-2011
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return . .
Cited – Suppiah and Others, Regina (on The Application of) v Secretary of State for The Home Department Admn 11-Jan-2011
Wyn Williams J said: ‘a policy which is in principle capable of being implemented lawfully but which nonetheless gives rise to an unacceptable risk of unlawful decision-making is itself an unlawful policy.’ . .
Cited – Piglowska v Piglowski HL 24-Jun-1999
No Presumption of House for both Parties
When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be . .
Cited – LM and Others v Regina; Regina v M(L), B(M) and G(D) CACD 21-Oct-2010
Each defendant appealed saying that being themselves the victims of people trafficking, the prosecutions had failed to take into account its obligations under the Convention.
Held: Prosecutors had ‘a three-stage exercise of judgment. The first . .
Cited – Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Cited – V v The United Kingdom; T v The United Kingdom ECHR 16-Dec-1999
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the . .
Cited – C, Regina (on the Application of) v Secretary of State for Justice CA 28-Jul-2008
The court was asked as to what methods of physical restraint were proper in institutions accommodating youths in custody.
Held: The Court had been wrong not to quash the amended rules on the grounds of procedural breaches. The amended rules . .
Cited – Chief Constable of Kent County Constabulary v Baskerville CA 3-Sep-2003
The claimant sought damages for sex discrimination by fellow police officers in an action against the Chief Constable. The Chief Constable said he was liable for the unlawful acts of fellow officers.
Held: Anything done by an employee was done . .
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Cited – H and L v A City Council CA 14-Apr-2011
The court was asked when and how it is proper for a local authority to make disclosure to someone’s commercial contacts of the fact that he is a convicted sex offender.
Held: Where human rights are involved, the appropriate standard of review . .
Cited – Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening) HL 12-Nov-2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .
Cited – Regina v G (Secretary of State for the Home Department intervening) HL 18-Jun-2008
The defendant was fifteen. He was convicted of statutory rape of a 13 year old girl, believing her to be 15. He appealed saying that as an offence of strict liability he had been denied a right to a fair trial, and also that the offence charged was . .
Cited – Ulke v Turkey ECHR 24-Jan-2006
A prosecution was held to breach Article 3. The applicant had been convicted for the eighth time of offences relating to his conscientious objection to military service in circumstances where he was, despite his convictions, not exempted from his . .
Cited – Regina (on the Application of Gjovalin Pepushi) v Crown Prosecution Service Admn 11-May-2004
The claimant was stopped when boarding a flight to Canada, having previously stopped in France and Italy. He bore a false Swedish passport, and intended to claim asylum in Canada. He now claimed the benefit of the article 31 (per Adimi), to defend a . .
Cited – Pretty v The United Kingdom ECHR 29-Apr-2002
Right to Life Did Not include Right to Death
The applicant was paralysed and suffered a degenerative condition. She wanted her husband to be allowed to assist her suicide by accompanying her to Switzerland. English law would not excuse such behaviour. She argued that the right to die is not . .
Cited – Bensaid v The United Kingdom ECHR 6-Feb-2001
The applicant was a schizophrenic and an illegal immigrant. He claimed that his removal to Algeria would deprive him of essential medical treatment and sever ties that he had developed in the UK that were important for his well-being. He claimed . .
Cited by:
Cited – SXH v The Crown Prosecution Service (CPS) SC 11-Apr-2017
The Court was asked: ‘Does a decision by a public prosecutor to bring criminal proceedings against a person fall potentially within the scope of article 8 of the European Convention on Human Rights in circumstances where a) the prosecutor has . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Children
Updated: 02 November 2021; Ref: scu.440576