(D and B), R (on the application of) v Commissioner of Police for the Metropolis & Ors

(D and B), R (on the application of) v Commissioner of Police for the Metropolis & Ors

The decisions of the police and CPS to prosecute were not irrational or unlawful, no legitimate expectation arose from the CPS advocate's statements, and the justices' refusal to stay the prosecution was reasonable and supported by the evidence.

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 / Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Judicial Review, Abuse of Process, Legitimate Expectation, Youth Offending, Prosecution Discretion
Criminal Law Administrative Law Youth Justice Judicial Review Abuse of Process Legitimate Expectation Youth Offending Prosecution Discretion

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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 / Judgment

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 the claimants would receive final warnings
  3. 3 Whether the Croydon Justices erred in refusing to stay the prosecution as an abuse of process

Ratio Decidendi

The decisions of the police and CPS to prosecute were not irrational or unlawful, no legitimate expectation arose from the CPS advocate's statements, and the justices' refusal to stay the prosecution was reasonable and supported by the evidence.

Court Disposition

Application for judicial review dismissed

Orders

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