Recent Judicial Decisions
| Jurisdiction | United Kingdom |
| Author | Jane Creaton |
| Published date | 01 December 2005 |
| Date | 01 December 2005 |
| DOI | http://doi.org/10.1350/pojo.2005.78.4.351 |
| Subject Matter | Recent Judicial Decisions |
JANE CREATON
Legal Correspondent
Email: jane.creaton@port.ac.uk
RECENT JUDICIAL DECISIONS
State Immunity from Prosecution
The Queen on the Application of Alamieyeseigha and the CPS
[2005] EWHC 2704 (Admin)
High Court (Administrative Court)
25 November 2005
Judicial review of decision to prosecute; whether head of a
federal state is entitled to immunity from prosecution
This was an application for judicial review of a decision to
prosecute.
The facts
Mr Alamieyeseigha was charged by the CPS with three offences
relating to corruption and money laundering. The claimant
sought a quashing of the decision to prosecute him on the
grounds that, by virtue of his position as Governor and Chief
Executive of the State of Bayelsa, which is a part of the federal
Republic of Nigeria, he was entitled to state immunity in
criminal proceedings brought in the UK.
The case
The court accepted that if a state is entitled to immunity, then the
head of that state is also entitled to immunity. It also accepted
that, in certain circumstances, a federal state may be entitled to
state immunity. The issue was therefore whether Bayelsa State
was entitled to state immunity, and this had to be decided on a
case–by-case basis. The factors that should be considered
included: the legal capacity of the federal state to enter into
international relations; the existence of a certificate from the
secretary of state stating whether or not the federal entity is a
state or whether a person or persons is to be regarded as a head
of state; the functions entrusted to the federal state and the
functions retained by the federal government; and the view of the
federal government’s judiciary.
The Police Journal, Volume 78 (2005) 351
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