Judge rules CPS treatment ‘humiliating’

By Cathy Reay

A judge has ruled against the Crown Prosecution Service (CPS) for dismissing a victim on the evening of his trial because he had a history of mental illness.

The CPS believed that the victim, known to the court as 'FB', who suffered a serious assault on Boxing Day in 2005 in which his ear was bitten off in front of witnesses, was not eligible to give evidence because of his medical history.

FB later applied for a judicial review through the High Court and won his appeal yesterday. The judge said that it was humiliating for FB to have been treated as a “second-class citizen”.

A spokesman for the Equality and Human Rights Commission said: “The High Court has today made it clear that disabled people, particularly those with mental health conditions, are equal to others in the eyes of the law.”

Paul Farmer, chief executive of mental health charity Mind, said the judgement was a “ray of hope” for people with mental health problems who have been let down by the criminal justice system.

He added: “if the legal service is to perform its purpose, the Crown Prosecution Service has to commit themselves to tackle this injustice, rather than allowing victims to be silenced. Vulnerable victims need support, not further victimisation by the legal system.”

Professor Peter Beresford, a long-time user of mental health services, said that such a denial of human rights was “outrageous”, adding that he hoped the CPS would learn from this case.

Dru Sharpling, Chief Crown Prosecutor for CPS London said: “We failed this man very badly and I have written to him to apologise. Our actions flew in the face of the progress the CPS had made and continues to make to improve care of victims and witnesses in recent years.”
28 January 2008