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England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> The Crown Prosecution Service & Anor v Motasim  EWHC 562 (QB) (09 February 2018)
Cite as:  EWHC 562 (QB)
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QUEEN'S BENCH DIVISION
London, WC2A 2LL
B e f o r e :
|THE CROWN PROSECUTION SERVICE|
|- and -|
(Incorporating Beverley F. Nunnery & Co.)
Official Court Reporters and Audio Transcribers
5 New Street Square, London EC4A 3BF
Tel: 020 7831 5627 Fax: 020 7831 7737
This transcript has been approved by the Judge
MR. T. MOLONEY QC and MR. J BUNTING appeared on behalf of the Respondent.
Crown Copyright ©
If this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person.
This Transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.
MR JUSTICE GOOSE:
"The prosecutor must –
(a) disclose to the accused any prosecution material which has not previously been disclosed to the accused and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused or (b) give to the accused a written statement that there is no material for the description mentioned in para.(a)."
Section 7(a) provides a continuing duty on the prosecutor to disclose material following the same test as under s.3 of the Act.
"The right to liberty and security.
1. Everyone has a right to liberty and security of person, no one shall be deprived of his liberty, save in the following cases and in accordance with a procedure pressured by law.
(c) The lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so…
3. Everyone arrested or detained in accordance with the provisions of para.1(c) of this article shall be brought promptly before a court or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial…everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation."
THE APPELLANTS' CASE
THE APPELLANTS' SUBMISSIONS ONAPPEAL
RESPONDENT'S SUBMISSIONS ON APPEAL
DISCUSSION AND CONCLUSIONS
"The following are examples of cases where the court may conclude that Particulars of Claim (whether contained in a claim form or filed separately) fall within r.3.4(2)(a)
(i) those which set out no facts indicating what the claim is about, for example, 'money owed Ł5,000'
(ii) those which are incoherent and make no sense
(iii) those which contain a coherent set of facts but those facts, even if true, do not disclose any legally recognisable claim against the defendant."