Lowden, R (on the application of) v Chief Constable of Northumbria Police

Lowden, R (on the application of) v Chief Constable of Northumbria Police

The form of caution administered did not preclude a subsequent private prosecution, as it did not contain an explicit assurance that no prosecution would follow. The District Judge erred in refusing to issue a summons on the basis of the caution. The police decision to caution was reasonable on the facts known at the time, and failure to follow guidance did not require the caution to be quashed.

Parties
Claimant: Albert Lowden; First Defendant: Gateshead Magistrates' Court; Second Defendant: Chief Constable of Northumbria Police
Jurisdiction
England and Wales
Judgment Date
16 November 2016
Procedural Posture
Judicial Review / Judgment
Outcome
Claim for judicial review upheld; decision of District Judge set aside; application to quash caution refused.
Legal Topics
Private Prosecution, Police Caution, Abuse of Process, Legitimate Expectation, Judicial Guidance
Criminal Law Judicial Review Criminal Procedure Private Prosecution Police Caution Abuse of Process Legitimate Expectation Judicial Guidance

Case Brief

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Parties

Albert Lowden

Claimant

Gateshead Magistrates' Court

First Defendant

Chief Constable of Northumbria Police

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether a prior police caution precludes a subsequent private prosecution for the same offence
  2. 2 Whether the District Judge erred in refusing to issue a summons for private prosecution due to an existing police caution
  3. 3 Whether the police caution should be quashed for failure to follow Ministry of Justice guidance

Ratio Decidendi

The form of caution administered did not preclude a subsequent private prosecution, as it did not contain an explicit assurance that no prosecution would follow. The District Judge erred in refusing to issue a summons on the basis of the caution. The police decision to caution was reasonable on the facts known at the time, and failure to follow guidance did not require the caution to be quashed.

Court Disposition

Claim for judicial review upheld; decision of District Judge set aside; application to quash caution refused.

Orders

  • Decision of District Judge refusing to issue summons set aside
  • Application to quash police caution refused