News Criminal Defence 14th Jul 2017

Sallie Bennett Jenkins QC secures costs against CPS following a failed prosecution under the Victim Right to Review scheme

A Judge has awarded the full amount of private costs incurred by the defendant, against the CPS as a result of their misapplication of criteria of The Victim Right to Review scheme in sexual offenses.

AZ, a professional man, faced an allegation of sexual assault in 2010. He asserted that any contact was of a consensual nature. The matter was investigated and no further action taken.

Legal challenges raised by Sallie Bennett Jenkins QC compelled the prosecution to offer no evidence as as the QC instructed by the crown conceded that the decision to reinstate charges of rape against the defendant was fatally flawed.

In March 2014, the complainant, having lobbied her MP, sought to have the matter reopened. The CPS purported to invoke the provision of the Victim Right to Review; however this was only applicable to  qualifying decisions made on or after 5 June 2013. As such, the decision to reinstitute proceedings was flawed from the outset.

Disclosure failures abounded and only through persistence and detailed written skeleton arguments on this novel area, were the CPS compelled  to concede that this was  a case characterised by ‘inexcusable failures’ and that they were driven to offer no evidence.

Application for the full costs of the defendants private representation were sought and granted by the court.

Sallie was instructed by Ben Henry and Matt O’Brien of Jonas Roy Bloom solicitors.

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