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High Court grants judicial review under Victims’ Right to Review Scheme

R (FNM) v DPP [2020] EWHC 870 (Admin)

Related Member(s):
Dan Squires QC, Joanna Buckley
Related Practice Area(s):
Crime and Regulatory Law, Public Law, Police Law
Court:

The Claimant challenged the CPS’s refusal to accept representations from her, in the context of her request for a review under the Victims’ Right to Review Scheme, in relation to its decision not to prosecute a suspect (“T”) for the offences of rape, sexual assault against a child and/or any other offence. The Claimant had written to the CPS and was told she was at liberty to make representations and that she had until 27 September 2019 to do so. On 9 August 2019, and without notice, however, the CPS reached a final decision upholding its original decision not to prosecute T. The Claimant submitted that was unlawful. 

Held: The High Court granted the application for judicial review and quashed the DPP’s decision of 9 August 2019 upholding the original decision not to prosecute T. The High Court affirmed that victims must be given a fair opportunity to make representations and, if a victim makes representations, they must be taken into account. The Claimant also had a legitimate expectation that would happen on the facts of her case. The Claimant will have 21 days from the date of the judgment to submit her representations to the CPS, after which a fresh decision is to be taken by a member of the CPS’s Appeals and Review Unit not previously involved with the case.

Joanna Buckley and Dan Squires QC were involved in this case.