Regina v Secretary of State for Home Affairs and Police Commissioner of Metropolis ex parte Brian Sydney Tanner: Admn 1998

The claimant sought leave to apply for judicial review of the alleged failure of the police properly to investigate an incident when he was struck by a passing van whilst riding his cycle. He complained that they failed to seek evidence from a witness who now lived abroad.
Held: The policy could not be said to fetter the discretion of the police, who ‘were entitled to look at the implication of the further stage, or stages, and to take the view that the potential administrative burden and financial cost of securing a witness’ attendance, possibly his attendance on more than one occasion because of the repeated adjournments that can occur in a criminal prosecution, made it inappropriate to go down that line. ‘


[1998] EWHC Admin 1




Updated: 26 May 2022; Ref: scu.138122