Owusu-Yianoma, R (On the Application Of) v Chief Constable of Leicestershire [2017] EWHC 576 (Admin) (01 February 2017)

Owusu-Yianoma, R (On the Application Of) v Chief Constable of Leicestershire [2017] EWHC 576 (Admin) (01 February 2017)

The conditional caution was unlawful because there was insufficient evidence to support a charge under section 4A of the Public Order Act 1986, as required by section 23(2) of the Criminal Justice Act 2003, and the statutory pre-conditions for administering a conditional caution were not met.

Source-derived case information.

Citation
[2017] EWHC 576 (Admin)
Parties
Claimant: Owusu-Yianoma; Defendant: Chief Constable of Leicestershire
Jurisdiction
England and Wales
Judgment Date
01 February 2017
Procedural Posture
Judicial Review / Judgment After Rolled Up Hearing
Outcome
Application for judicial review granted; conditional caution quashed; costs awarded to claimant.
Legal Topics
Conditional Cautions, Public Order Offences, Police Powers, Statutory Interpretation
Criminal Law Administrative Law Judicial Review Conditional Cautions Public Order Offences Police Powers Statutory Interpretation

Source-derived case record

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Parties

Owusu-Yianoma

Claimant

Chief Constable of Leicestershire

Defendant

Procedural Posture

Judicial Review / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the conditional caution for a section 4A Public Order Act 1986 offence was lawfully administered under section 23 of the Criminal Justice Act 2003 and the Code of Practice for Adult Conditional Cautions
  2. 2 Whether there was sufficient evidence to support a conditional caution for a section 4A offence

Ratio Decidendi

The conditional caution was unlawful because there was insufficient evidence to support a charge under section 4A of the Public Order Act 1986, as required by section 23(2) of the Criminal Justice Act 2003, and the statutory pre-conditions for administering a conditional caution were not met.

Court Disposition

Application for judicial review granted; conditional caution quashed; costs awarded to claimant.

Orders

  • The conditional caution administered on 3 May 2015 is quashed.
  • The defendant is to pay the claimant's costs, summarily assessed at £10,000 including VAT.