Hearings
England & Wales
05 Feb 2008 [2008] EWCA Civ 28; [2008] 1 WLR 550; [2008] 4 All ER 594; [2008] 2 Cr App R 53, CA
R (G) v Chief Constable of West Yorkshire Police
Subject Matter
POLICE — Powers — Persons in custody — Custody officer having sufficient evidence to charge suspect — Statutory guidance to which custody officer required to have regard indicating charging decision to be taken by Crown prosecutor — Whether officer having power to detain suspect while case referred to Crown prosecutor for charging decision — Police and Criminal Evidence Act 1984 (as amended by Criminal Justice Act 2003, s 28, Sch 2, paras 2, 3), ss 37(7), 37A
Appellate History
R (G) v Chief Constable of West Yorkshire Police [2006] EWHC 3485 (Admin), DC
Decision of the Divisional Court of the Queen's Bench Division reversed
R (G) v Chief Constable of West Yorkshire Police [2008] EWCA Civ 28; [2008] 1 WLR 550; [2008] 4 All ER 594; [2008] 2 Cr App R 53, CA
Commentary
Blackstones Criminal Practice 2025
Detention and Treatment of Suspects - Decision to Detain - Initial Decision
D1.47
The Decision to Prosecute - Sufficient Evidence to Charge D2.2