Criminal Judicial Review
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Members of our Crime Team and Prison Law Team specialise in: discretionary decisions/acts/omissions of the Police (such as arrest; bail, and formal cautions); Ministry of Justice, UKBA, Parole Board and CPS decisions, including decisions to prosecute and in relation to private prosecutions; and decisions affecting the liberty of the subject in contempt of court committal applications.
Important cases that the Crime and Prison Law Teams have been involved in include:
R (Manser) v Commissioner of Police for the Metropolis [2015] EWHC 3642 (Admin) (Challenge to an adult formal police caution for ABH).
R (Karia) v Chief Constable of Hampshire Police (References: LTL 17/12/2015 Extempore) (Successful challenge to police action and wider force policy regarding application of PACE Code of Practice to replies to caution in a non-arrest situation).
First Capital East Ltd v (1) Ilmi Plana (2) Arsim Plana [2015] EWHC 2982 (QB) (Successful resistance to application to commit an alleged fraudulent insurance claimant for contempt of court).
R (Karia) v UKBA (unreported) Leave to Appeal granted – hearing October 2016 (Challenge to UK Border Agency powers to stop and search/examine persons and luggage).
Wokingham Borough Council v (1) Leslie Tucker Dunn (2) Debbei Patricia Dunn (3) Leslie Thomas Dunn [2014] EWCA Civ 633 (Successful resistance of application to commit 3 Gypsies to prison for contempt of court).
R(Gujra) v CPS [2012] UKSC 52; [2013] 1 AC 484. (leading case on application of DP’s policy to take over a private prosecution and then discontinue it).
R (Ellerton) v SS for Justice [2010] EWCA Civ 906 (an ultra vires act rendered a prisoner’s release on licence incapable of ever having had legal effect).
R (Adams) Independent Police Complaints Commission [2013] EWHC 2650 (successful challenge to decision of IPCC to decision to grant a police force a dispensation from statutory complaints formalities in respect of a misconduct complaint).
R(Torres) v Commissioner of Police for Metropolis [2007] EWHC 3212 (test case on police powers to impose pre-charge bail conditions).