A claim for judicial review of the Director of Public Prosecutions’ decision not to prosecute S for manslaughter, following the death of the claimant’s daughter. The deceased was 24 years old and died from a fall from the balcony of her fifth floor flat in Gainsborough House in Enfield on 21 August 2015.
The claimant argued that the CPS’ decision not to prosecute S was irrational, as two incompatible views of what occurred should have been put to the jury to decide. However, the Court found that the DPP exercised her judgment by making an assessment of the strength of the evidence against the defendant by the end of the trial, together with the likely defences. Therefore, it was impossible to find her decision not to prosecute irrational.
Karon Monaghan QC acted for the claimant. Alex Bailin QC advised the CPS.