QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL
B e f o r e :
MR JUSTICE NICOL
| THE QUEEN ON THE APPLICATION OF HAMBERGER
|CROWN PROSECUTION SERVICE
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Mr S Heptonstall (instructed by the Crown Prosecution Service) appeared on behalf of the
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"On 31 May this year, after hearing all relevant medical evidence including evidence as to arrangements which could be made to facilitate the claimant's participation in his trial, HHJ Robbins found the claimant fit to stand trial. In the light of that, and having reviewed the position in accordance with its human rights obligations, on 9 August the prosecution indicated its intention to continue with the prosecution against him. He seeks to challenge that decision by way of judicial review. I am very doubtful as to whether he is entitled to proceed in this way."
"But on the assumption that he has, I can see no basis upon which it can be said that the decision is susceptible to challenge on normal Wednesbury grounds or upon any less stringent approach developed by the ECHR.
"This was a perfectly rational decision, taken against the background of the availability of statistics that would enable the claimant to participate in the trial. It is impossible not to observe also that the prosecution evidence suggests that in July and August 2012 [in other words, 12 months previously] the claimant had little difficulty in undertaking meetings and making journeys by car."[Quote unchecked]
"(5) Where the accused has attained the age of 18 at that time, the conditions are that —
(a)he suffers from a mental disorder (within the meaning of the Mental Health Act 1983) or otherwise has a significant impairment of intelligence and social function.
(b)he is for that reason unable to participate effectively in the proceedings as a witness giving oral evidence in court, and
(c)use of a live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence or otherwise)."