R (on the application of OP) v Secretary of State for Justice

Criminal law – Trial. The defendant Secretary of State refused to appoint a registered intermediary to assist the claimant young man with a significant learning disability and Asperger's Syndrome in his trial for dishonestly receiving a motor vehicle. The claimant sought judicial review. The Divisional Court, in allowing the application, held that the Secretary of State had failed to consider the terms of s 33BA of the Coroners and Justice Act 2009 when formulating the prompt for his restriction of the assistance available to the claimant. As there was a risk of unfairness, the Secretary of State would be directed to reconsider his decision.

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