Practice and Procedure

R (on the application of B) v DIRECTOR OF PUBLIC PROSECUTIONS (Defendant) & EQUALITY AND HUMAN RIGHTS COMMISSION (Intervener) (2009)

PUBLISHED January 27, 2009

[2009] EWHC 106 (Admin)

Where a person who suffered from mental health problems had been the victim of an assault the decision of the Crown Prosecution Service to discontinue a prosecution on the basis that the victim was not a credible witness was irrational and involved a misapplication of the Code for Crown Prosecutors. It was also a violation of the victim's rights under the European Convention on Human Rights 1950 art.3.

DC (Toulson LJ, Forbes J)