BT v Crown Prosecution Service [1997] EWCA Civ 3000 (16 December 1997)
Citation:BT v Crown Prosecution Service [1997] EWCA Civ 3000 (16 December 1997)
Rule of thumb:Where a person has a criminal case dismissed, does this automatically lead to a malicious prosecution? No, if the person has done the actus reus of the criminal offence, and on further inspection of the evidence it is clear that it was in no way deliberate, even though there was some evidence for cause to question this, then this is a case for dismissal but not one for damages for malicious prosecution.
Judgment:
5th edition of the CPS Code (various authors), “Conclusions: In my judgment :-(1) in so far as any CPS lawyer was unaware of the full circumstances necessary to reach a judgment as to whether there was reasonable and probable cause to continue with the prosecution after the hearing in the Magistrates' Court his or her ignorance was not, on the evidence, attributable to any more than breach of duty and a failure to comply with the CPS Code of Practice out of which, in this class of case, no liability can arise.(2) In any event there was in fact reasonable and probable cause for continuing with the prosecution.(3) There was no evidence whatsoever of malice. In those circumstances the judge was entirely right to enter judgment as he did and I would dismiss this appeal”, Lord Justice Kennedy, (legal methods – secondary sources)
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.