R (on the application of SY (BY HER LITIGATION FRIEND SP)) (Claimant) v DIRECTOR OF PUBLIC PROSECUTIONS (Defendant) & AHMED BAIG (Interested Party) (2018)
A prosecutor’s decision not to charge a man with the rape of a woman with learning difficulties was not irrational. The circumstances of the man’s acquittal some years earlier on charges of sexual activity with a person with a mental disorder impeding choice were such that the prosecutor had been right to conclude that the man would be able to establish that a second prosecution was an abuse of process.