X died from suffocation while being restrained by police officers and a coroner’s inquest concluded that there was an unlawful killing.
However the Director of Public Prosecutions (DPP) decided not to prosecute and refused to give reasons. Plaintiff applied for judicial review on the basis that he was not given reasons by the DPP.
QBD held that while there was no general duty on the DPP to provide reasons for its decisions, in the circumstances of
A death (importance demonstrated by fact that it is highest right in ECHR) and
An actual preliminary conclusion that there had been an unlawful killing (coroner’s verdict) the DPP did have to give reasons to comply with the fairness/natural justice requirement.
Criminal Law notes fully updated for recent exams at Oxford and Cambrid...
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