Smith, Regina (on The Application of) v Crown Prosecution Service: Admn 24 Nov 2010

The claimant sought judicial review of the defendant’s refusal to discontinue the prosecution of the claimant. The judge had suggested that the defendant could submit to a restraining order without a finding of guilt. The CPS had concluded that no such agreement could be reached after an acquittal on the offer of no evidence, but rather required an acquittal after a trial.
Held: Review was granted. Though there might be circumstances weere it would be proper to allow the prosecutor to withdraw from such an offer, it was clear that in this case there had been an agreement reached. Each such situation must be assessed on its own facts.
References: [2010] EWHC 3593 (Admin)
Links: Bailii
Judges: Ouseley J
Statutes: Protection from Harassment Act 1997 2
Jurisdiction: England and Wales
This case cites:

  • Cited – Regina v Mahdi CACD ([1993] Crim LR 793)
    There had been delay in the prosecution. Eventually, the prosecutor sought another adjournment before Judge Clarkson, who said ‘it is to be recorded that this is the last time that there will be an adjournment for the benefit of the prosecution.’ He . .
  • Cited – Regina v Bloomfield CACD ([1997] 1 Cr App R 135, Bailii, [1996] EWCA Crim 1801)
    It was an abuse of process to proceed with a prosecution in the face of an unequivocal statement by counsel for the Crown to the Court that the prosecution would tender no evidence. There was no change of circumstances which might have justified . .
  • Cited – Nembhard v Director of Public Prosecutions Admn (Bailii, [2009] EWHC 194 (Admin))
    The defendant appealed against his conviction for failing to produce his driving documents, saying that the local police had stopped some 55 times in the previous 12 months, and that the request was improper and an abuse.
    Held: ‘An officer can . .
  • Cited – Regina v Abu Hamza CACD (Bailii, [2006] EWCA Crim 2918, Times 30-Nov-06, [2007] 2 WLR 226, [2007] 3 All ER 451, [2007] 1 Cr App R 27)
    The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .

(This list may be incomplete)

Last Update: 12 July 2020; scu-Ref: scu.431940

A, Regina (on the application of) v South Yorkshire Police and Another: Admn 9 May 2007

References: [2007] EWHC 1261 (Admin)
Links: Bailii
Coram: May LJ, Gray J
Ratio: Six youths challenged decisions that they should be prosecuted for offences of criminal damage rather than be given warnings in accordance with the Final Warning Scheme. They said that they had not sought representation at the police station after being told that they would receive only warnings. This was denied by the police. That denial was accepted by the court.
Held: The decision was within the range of proper decisions and was sustainable. May LJ: ‘these are judicial review proceedings and the court is concerned not to decide whether the decisions to charge and prosecute rather than give a final warning are decisions which we would ourselves have taken, but whether, on public law considerations, these were decisions which were beyond the lawful competence of those making them, or decisions reached by a flawed process such that they ought not to stand. ‘
Statutes: Crime and Disorder Act 1998 65
Jurisdiction: England and Wales
This case cites:

  • Cited – F, Regina (on the Application of) v Crown Prosecution Service and Another Admn (Bailii, [2003] EWHC 3266 (Admin))
    Jackson J said: ‘Save in exceptional circumstances, it is quite inappropriate for this court to step into the shoes of the crown prosecutor and to retake decisions which Parliament has entrusted to the crown prosecutor under the Prosecution of . .
  • Cited – Mondelly, Regina (on the Application of) v the Commissioner of the Police for the Metropolis Admn (Bailii, [2006] EWHC 2370 (Admin), Times 07-Nov-06)
    The defendant sought judicial review of his caution for possession of cannabis, saying that it went again the national guidance against such decisions after the reclassification of cannabis as a Class C banned substance. He had been arrested for a . .
  • Cited – Regina v Chief Constable of Kent ex parte L ([1991] 93 Cr App R 416)
    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 – Regina v Director of Public Prosecutions ex parte C Admn (Unreported, 6 October 2000)
    The court upheld a decision to prosecute a 15-year-old applicant for road traffic offences rather than to divert him from prosecution and caution. Penry-Davey J said: ‘It is clear from the case of R v Chief Constable of Kent ex parte L [1991] 93 Cr . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 253295