JUSTICE wrote a submission to the Supreme Court in February 2020 in relation to an application for permission to appeal.
The appeal application was made by the claimant in R (Monica) v DPP [2018] EWHC 3508, on appeal from the High Court, which had dismissed the claimant’s judicial review of the DPP’s decision not to prosecute. JUSTICE’s submissions were solely focused on the preliminary matter which would be considered by the Supreme Court: whether the Supreme Court had jurisdiction to hear the appeal under the unusual provisions of s.1 Administration of Justice Act 1960 and s.18 Senior Courts Act 1981 which govern appeals from the High Court in a “criminal cause or matter”.
The Court of Appeal is off limits for these appeals, and whilst the Supreme Court does have narrow appellate jurisdiction, this is only accessible if the High Court grant a certificate that the case features a point of law of general public importance at first instance.
JUSTICE’s submissions considered the historic drafting of these provisions which predated the modern judicial review practice of the High Court, as well as predating our current acknowledgement and respect in law of the victim’s right of review. JUSTICE submitted that the result was a limitation on the enjoyment of access to appeal which unjustifiably discriminated against in violation of Article 14 of the European Convention on Human Rights (“ECHR”) in conjunction with Article 6 ECHR on the grounds of the appellant’s status as a complainant seeking judicial review in a criminal cause or matter compared to other appellants.