FNM, R (On the Application Of) v The Director of Public Prosecutions

Dan Squires QC and Joanna Buckley (instructed by Bhatt Murphy) for the Claimant Sarah Whitehouse QC (instructed by CPS) for the Defendant Hearing date: 2nd April 2020 ____________________

She wanted to get guidance from someone who understood the relevant legal process.

i) The terms and operation of the VRR Scheme. Reference is made to [42] of the Guidance, said to carry implicitly the right of the complainant to an opportunity to make representations; the CPS' Guidance to Prosecutors ("the Reconsideration Guidance") referred to at [35] of the Guidance which refers to the views of the victims being potentially relevant; the practice of the CPS (of routinely accepting representations from complainants) when conducting reviews under the VRR Scheme; and the purpose of the VRR Scheme;

ii) The requirements of common law procedural fairness in the context of the VRR Scheme. The Decision was one which plainly adversely affected the Claimant and in relation to which she had something of relevance to say;

i) Contrary to the Special Prosecutor's analysis, there was evidence of the Claimant's condition at the crucial time: the police and her parents saw her at or very shortly after this time. There may have been others and/or CCTV footage of the Claimant at the police station;