Lowden, R (on the application of) v Chief Constable of Northumbria Police [2016] EWHC 3536 (Admin) (16 November 2016)

Lowden, R (on the application of) v Chief Constable of Northumbria Police [2016] EWHC 3536 (Admin) (16 November 2016)

The form of police caution administered in this case did not contain an explicit assurance that no private prosecution would follow; therefore, the existence of the caution did not preclude the issuance of a summons for private prosecution. The District Judge erred in law by refusing to issue the summons on this basis. The failure to follow Ministry of Justice guidance in the wording of the caution did not render the caution unlawful or require it to be quashed.

Citation
[2016] EWHC 3536 (Admin)
Parties
Claimant: Queen on the Application of 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 / Final Judgment
Outcome
Claim for judicial review upheld; decision of District Judge set aside; application to quash caution refused.
Legal Topics
Private Prosecution After Police Caution, Abuse of Process, Legitimate Expectation, Police Cautions, Issuance of Summons, Compliance With Ministry of Justice Guidance
Criminal Law Judicial Review Private Prosecution After Police Caution Abuse of Process Legitimate Expectation Police Cautions Issuance of Summons Compliance With Ministry of Justice Guidance

Case Brief

Summary, issues, holding and outcome

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Parties

Queen on the Application of Lowden

Claimant

Gateshead Magistrates' Court

First Defendant

Chief Constable of Northumbria Police

Second Defendant

Procedural Posture

Judicial Review / Final 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 the existence of a police caution
  3. 3 Whether the police caution should be quashed for failure to follow Ministry of Justice guidance

Ratio Decidendi

The form of police caution administered in this case did not contain an explicit assurance that no private prosecution would follow; therefore, the existence of the caution did not preclude the issuance of a summons for private prosecution. The District Judge erred in law by refusing to issue the summons on this basis. The failure to follow Ministry of Justice guidance in the wording of the caution did not render the caution unlawful or require it 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 is quashed and set aside.
  • Application to quash police caution is refused.