Six youths challenged decisions that they should be prosecuted for offences of criminal damage rather than be given warnings in accordance with the Final Warning Scheme. They said that they had not sought representation at the police station after being told that they would receive only warnings. This was denied by the police. That denial was accepted by the court.
Held: The decision was within the range of proper decisions and was sustainable. May LJ: ‘these are judicial review proceedings and the court is concerned not to decide whether the decisions to charge and prosecute rather than give a final warning are decisions which we would ourselves have taken, but whether, on public law considerations, these were decisions which were beyond the lawful competence of those making them, or decisions reached by a flawed process such that they ought not to stand. ‘
Judges:
May LJ, Gray J
Citations:
[2007] EWHC 1261 (Admin)
Links:
Statutes:
Crime and Disorder Act 1998 65
Jurisdiction:
England and Wales
Citing:
Cited – F, Regina (on the Application of) v Crown Prosecution Service and Another Admn 12-Dec-2003
Jackson J said: ‘Save in exceptional circumstances, it is quite inappropriate for this court to step into the shoes of the crown prosecutor and to retake decisions which Parliament has entrusted to the crown prosecutor under the Prosecution of . .
Cited – Mondelly, Regina (on the Application of) v the Commissioner of the Police for the Metropolis Admn 29-Sep-2006
The defendant sought judicial review of his caution for possession of cannabis, saying that it went again the national guidance against such decisions after the reclassification of cannabis as a Class C banned substance. He had been arrested for a . .
Cited – Regina v Chief Constable of Kent ex parte L 1991
The discretion which is vested in the Crown Prosecution Service to continue criminal proceedings commenced by the police is subject to judicial review by the High Court, but only where it can be shown that the decision was made regardless of, or . .
Cited – Regina v Director of Public Prosecutions ex parte C Admn 6-Oct-2000
The court upheld a decision to prosecute a 15-year-old applicant for road traffic offences rather than to divert him from prosecution and caution. Penry-Davey J said: ‘It is clear from the case of R v Chief Constable of Kent ex parte L [1991] 93 Cr . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Police
Updated: 01 December 2022; Ref: scu.253295