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Criminal law – Manslaughter. The claimant's son died whilst being restrained by a doorman of a public house. The Crown Prosecution Service (CPS) decided not to prosecute the doorman for either gross negligence manslaughter or unlawful act manslaughter. The claimant sought judicial review. The Administrative Court allowed the application to the extent that it quashed the CPS's decision not to prosecute the doorman for unlawful act manslaughter. The way in which the case was advanced in the present proceedings, namely that the restraint was inherently very dangerous and could not constitute reasonable force, even if D had not appreciated how dangerous it was, had not been fully analysed.
Criminal law – Manslaughter. The claimant's son died whilst being restrained by a doorman of a public house. The Crown Prosecution Service (CPS) decided not to prosecute the doorman for either gross negligence manslaughter or unlawful act manslaughter. The claimant sought judicial review. The Administrative Court allowed the application to the extent that it quashed the CPS's decision not to prosecute the doorman for unlawful act manslaughter. The way in which the case was advanced in the present proceedings, namely that the restraint was inherently very dangerous and could not constitute reasonable force, even if D had not appreciated how dangerous it was, had not been fully analysed.
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