R (B) v DPP [2009] EWHC 106 (Admin) – Article 3 ECHR.
1) judicial review of decision to discontinue prosecution.
- decision not to prosecute not bad just because court might disagree with it.
- decision not to prosecute (or to discontinue) requires rational consideration of the evidence.
2) breach of article 3 to discontinue prosecution on basis that victim’s evidence not credible solely because of history of mental illness.
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