The applicant is X, a 14 year old minor who resides with his parents and suffers from a moderate learning disability. He seeks leave to apply for an order of certiorari to quash three decisions of the Public Prosecution Service (‘PPS’) not to prosecute a 16 year old boy Y whom he alleges raped him, that there was insufficient evidence to afford a reasonable prospect of obtaining a conviction against Y and the conclusion in the review of the decision not to prosecute Y. He further seeks leave to apply for a declaration that the above three decisions are unlawful, ultra vires and of no force or effect.
Morgan LCJ, Coghlin LJ and Gillen LJ
[2015] NIQB 52
Bailii
Northern Ireland, Criminal Practice
Updated: 02 January 2022; Ref: scu.549866