Appeal Agains Cps Decision

[1ofmanyvictims]

Hiya all, I was recently a victim of assault and have posted details on this site previously. The cps authorised a section 20 and the defendant has pleaded guilty and is due in crown for sentencing this month. I read a very similar case that was in crown court this week(see South Wales argus online, "judge slams unbelievable charge against teen attacker who left victim without eye").can I appeal the cps decision of a section 20?? (I think he should be trailed for section 18) or have I left it to late??

[Zacs-Master]

Bump (in the hope that Fred is around).

[1ofmanyvictims]

That's the reason I posted on here haha

[New Judge]

Although the CPS has an appeals procedure which allows victims in certain circumstances to appeal against a decision by the CPS whether to charge or not:

http://www.cps.gov.uk/victims_witnesses/victims_right_to_review/

I do not believe this extends to the right to challenge the decision which offence to charge. I believe the only way to challenge such a decision would be by way of a judicial review.

[1ofmanyvictims]

Thank you new judge. Why and who would decide on a judicial review?

[New Judge]

I believe you would have to insitigate it. It is a complex process and you would need a solicitor or barrister to assist you and act for you.

Hopefully if Fred is around he can provide a bit more detail.

[Peter Pedant]

JR may be a possibility but you have to start off with around £10k so it is definitely a rich man's toy.

I am not sure ( but so what ? ) whether it is applicable here, as I am unsure if any of your human rights have been violated - for example I dont think you have been denied a right to a fair hearing...



and you otherwise have to show the decision is unreasonable [ I think ]

[Peter Pedant]

There is an open legal site BAILII
and by searching for " judicial review CPS decision"

there is a case:
http://www.bailii.org/cgi-bin/markup.cgi?doc=/nie/cases/NIHC/QB/2008/147.html&query=judicial+and+review+and+CPS+and+decision&method=boolean

and this concerns the rights of interested parties - which you would be.
BUT you dont have the riches in the Julian Assange / Mohd el Fayed league. This last one (M F) is spending money trying to show the Duke of Endiburgh is involved in er Diana's death

[Peter Pedant]

Quite honestly the cases dont look good


Anne Neill: By the affidavit filed on behalf of the applicant she was involved in an incident with Patrick McCann at the Castle Bar, Coleraine on 18 March 2006. As a result of that incident the applicant received summonses alleging assault and criminal damage, although the matters did not proceed. The applicant complained to police that she had been the subject of an assault and threat to kill made by Patrick McCann. The applicant became aware that Patrick McCann was not to be prosecuted for any offences arising out of the applicant's complaint.

Her JR based on a plea to a right to life ( art 2 ) is turned down

[Peter Pedant]

This is Quigley - delay in prosecution so they hadnt prosecutred... quigley - and IF this applies to you....

" Judicial review is a supervisory not an appellate jurisdiction. The court can only ensure that a decision has been reached lawfully and, if not, quash the unlawful decision . The court cannot substitute an alternative decision for that of the decision maker".

then... you dont really have a case. Sorr ... y I am aware of your injuries.

The practising barristers may have a different position but it looks as tho the cases are stacked against you in this respect

[1ofmanyvictims]

I thought it was an unreasonable decision but I'm not knowledgable enough to question the cps decision. After reading the judge's comments on the other very similar case I mentioned, I don't believe the charge is sufficient. If he had been charged with s18 I would have been confident of a jury finding him guilty. The code for crown prosecutors state that the charges should reflect the seriousness and extent of the offending supported by the evidence. CCTV and a police officer's (who was on duty) witness statement is good evidence but a section 20 doesn't reflect the seriousness. They should also give a charge that gives the judge power to apply an appropriate sentence, particularly when there's aggravating factors. Being assaulted for being a prison officer is surely an aggravating factor but a section 20 doesn't give the judge this power. Maybe I'm just being unreasonable but I don't think a 3 year sentence is justice for the injuries I've had and the effect it's had on my career. I don't think he should get a reduction for a guilty plea because 5 police officers witnessed the assault so he had no choice but to plead guilty!! Think you can guess I'm feeling a little frustrated haha

[1ofmanyvictims]

Thanks Peter. I didn't think I'd have much of a case to be honest and being off work on SSP, I certainly don't think I can afford what it would cost. I'd rather they kept any compensation I'd be eligible for, and ensured he was facing a fair charge. Somehow, I don't think they'd accept this offer though!!

[Peter Pedant]

.
The wiki article:
http://en.wikipedia.org/wiki/Judicial_review_in_English_law

basically says the same things as I but more clearly
if the decision is not unlawful
then you have to show it is "unreasonable" with the test that no reasonable man would have taken that decision

[Peter Pedant]

1 of many - I know this is preventing closure for you....

[1ofmanyvictims]

Don't think I'd get very far with a judicial review after reading that. Easier to accept that it's out of my hands and he'll be free in 18 months. Probably 14 months on HDC(tag). That's if he gets the maximum sentence for section 20!! Thank you all for your advice.