(D and B), R (on the application of) v Commissioner of Police for the Metropolis & Ors [2008] EWHC 442 (Admin) (14 February 2008)

(D and B), R (on the application of) v Commissioner of Police for the Metropolis & Ors [2008] EWHC 442 (Admin) (14 February 2008)

The decisions of the police and CPS to prosecute rather than issue final warnings were within their discretion and not irrational or unlawful; no clear representation was made to the claimants to found a legitimate expectation; the Youth Court's refusal to stay proceedings was reasonable and lawful.

Citation
[2008] EWHC 442 (Admin)
Parties
Claimant: D; Claimant: B; First Defendant: Commissioner of Police for the Metropolis; Second Defendant: Crown Prosecution Service; Third Defendant: Croydon Justices
Jurisdiction
England and Wales
Judgment Date
14 February 2008
Procedural Posture
Judicial Review / Final Judgment After Permission Granted
Outcome
Application for judicial review dismissed
Legal Topics
Abuse of Process, Legitimate Expectation, Judicial Review of Prosecutorial Decisions, Youth Offending, Final Warning Scheme
Criminal Law Administrative Law Youth Justice Abuse of Process Legitimate Expectation Judicial Review of Prosecutorial Decisions Youth Offending Final Warning Scheme

Case Brief

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Parties

D

Claimant

B

Claimant

Commissioner of Police for the Metropolis

First Defendant

Crown Prosecution Service

Second Defendant

Croydon Justices

Third Defendant

Procedural Posture

Judicial Review / Final Judgment After Permission Granted

Legal Issues

  1. 1 Whether the police and CPS decisions to prosecute rather than issue final warnings were lawful
  2. 2 Whether a legitimate expectation arose that claimants would receive final warnings
  3. 3 Whether the refusal to stay proceedings as an abuse of process was lawful

Ratio Decidendi

The decisions of the police and CPS to prosecute rather than issue final warnings were within their discretion and not irrational or unlawful; no clear representation was made to the claimants to found a legitimate expectation; the Youth Court's refusal to stay proceedings was reasonable and lawful.

Court Disposition

Application for judicial review dismissed

Orders

  • Stay on Croydon Youth Court proceedings lifted
  • No order as to costs against claimants due to age and means