The applicant had been convicted of a robbery and served a long prison sentence. After release he was awarded damages against some of the police officers for assault. The DPP decided not to proceed against the officers by way of criminal proceedings. The applicant’s conviction was later quashed. The prosecutor replied saying he had applied the code.
Held: A prosecutor basing his decision to proceed or not after a civil court has made a finding must examine that civil finding closely. Had he done so here he would have seen the evidence he had said was missing. Review was granted.
Times 31-Oct-1997, [1997] EWHC Admin 741
Prosecution of Offences Act 1985 10
England and Wales
Citing:
See Also – Treadaway v Chief Constable of West Midlands QBD 23-Sep-1994
The torture of a suspect by police justified aggravated and exemplary damages, in this case andpound;50,000. Damages for a serious assault by police are not to be reduced for the character of the plaintiff. . .
Cited – C (A Minor) v Director of Public Prosecutions HL 17-Mar-1995
The House considered whether the long established rule of the criminal law presuming that a child did not have a guilty mind should be set aside.
Held: Doli incapax, the presumption of a child’s lack of mens rea, is still effective and good . .
Cited – Regina v Crown Prosecution Service ex parte Waterworth QBD 1-Dec-1995
. .
Cited by:
See Also – Treadaway v Chief Constable of West Midlands QBD 23-Sep-1994
The torture of a suspect by police justified aggravated and exemplary damages, in this case andpound;50,000. Damages for a serious assault by police are not to be reduced for the character of the plaintiff. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 03 January 2022; Ref: scu.137686