R (B) v DPP [2009] EWHC 106 (Admin)
The decision to discontinue a prosecution for wounding with intent and witness intimidation, on the basis that the victim's mental illness meant he could not be placed before the jury as a credible witness, was irrational; s49A Disability Discrimination Act 1995 added nothing to the ordinary position under public law principles; there had been a breach the positive obligation under Article 3 (which incudes the duty to provide a legal system for bringing to justice those who commit serious acts of violence against others) and £8000 was awarded in compensation.
Other
Hearing dates: 19-21 November 2008
Judgment: 27 January 2009
Before: Toulson LJ, Forbes J
Paul Bowen and Alison Macdonald (instructed by Bindmans LLP) for the Claimant
David Perry QC and Clair Dobbin (instructed by the Treasury Solicitor) for the Defendant