The claimant, saying that she had been abused as a child by another, sought damages alleging breach of her human rights after the defendant failed to prosecute her attacker: ‘it is the Claimant’s case that the CPS made a series of rushed, ill-informed and erroneous assessments of the strength of the Prosecution case, culminating in an irrational decision founded on errors of law and the misapplication or disregard of established policy.’
Held: The CPS decision had been carefuly considered and thought through. The claimant had decided not to answer all questions, and while she was free to do so, this severely qualified te chances of a successful prosecution.
Simon J
[2015] EWHC 631 (QB)
Bailii
European Convention on Human Rights 3, Human Rights Act 1998 6
England and Wales
Citing:
Cited – MC v Bulgaria ECHR 4-Dec-2003
The applicant complained that she had been raped by two men when she was 14 years old. The men were interviewed but it was concluded that they had not used threats or violence and there was no evidence of resistance. The district prosecutor issued a . .
Cited – Regina 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 . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Torts – Other
Updated: 28 December 2021; Ref: scu.544269
