Robson, R (On the Application Of) v Crown Prosecution Service [2016] EWHC 2191 (Admin) (29 July 2016)

Robson, R (On the Application Of) v Crown Prosecution Service [2016] EWHC 2191 (Admin) (29 July 2016)

The CPS's interpretation and application of its Guidance and Guidelines as an absolute bar to conditional cautions in all domestic violence cases constitutes an unlawful fetter on prosecutorial discretion, contrary to the statutory framework and established public law principles. The decision to prosecute must be quashed and reconsidered with recognition of the existence of discretion to allow exceptions in rare cases.

Citation
[2016] EWHC 2191 (Admin)
Parties
Claimant: Jocelyn Sarah Frances Robson; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision to prosecute quashed; CPS ordered to reconsider decision in light of judgment.
Legal Topics
Conditional Cautions, Domestic Violence, Prosecutorial Discretion, Criminal Damage, Crown Prosecution Service Policy
Criminal Law Administrative Law Judicial Review Conditional Cautions Domestic Violence Prosecutorial Discretion Criminal Damage Crown Prosecution Service Policy

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Parties

Jocelyn Sarah Frances Robson

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the CPS's policy of excluding conditional cautions in all domestic violence cases constitutes an unlawful fetter on prosecutorial discretion under Part 3 of the Criminal Justice Act 2003 and the relevant Code of Practice.

Ratio Decidendi

The CPS's interpretation and application of its Guidance and Guidelines as an absolute bar to conditional cautions in all domestic violence cases constitutes an unlawful fetter on prosecutorial discretion, contrary to the statutory framework and established public law principles. The decision to prosecute must be quashed and reconsidered with recognition of the existence of discretion to allow exceptions in rare cases.

Court Disposition

Decision to prosecute quashed; CPS ordered to reconsider decision in light of judgment.

Orders

  • The decision contained in the email of 19th August 2015 is quashed.
  • The CPS must reconsider its decision on prosecution, recognising the discretion to offer a conditional caution in exceptional cases.