Robson, R (On the Application Of) v Crown Prosecution Service

Robson, R (On the Application Of) v Crown Prosecution Service

The CPS's interpretation and application of its Guidance and Guidelines as an inflexible rule excluding all discretion to offer conditional cautions in domestic violence cases constitutes an unlawful fetter on prosecutorial discretion. The decision to prosecute was based on a misinterpretation of policy and must be quashed for reconsideration with recognition of the discretion to make exceptions.

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

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Parties

Jocelyn Sarah Frances Robson

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the CPS's policy of excluding conditional cautions in all domestic violence cases constitutes an unlawful fetter on discretion under Part 3 of the Criminal Justice Act 2003 and the Code of Practice
  2. 2 Whether the decision to prosecute the claimant rather than offer a conditional caution was lawful

Ratio Decidendi

The CPS's interpretation and application of its Guidance and Guidelines as an inflexible rule excluding all discretion to offer conditional cautions in domestic violence cases constitutes an unlawful fetter on prosecutorial discretion. The decision to prosecute was based on a misinterpretation of policy and must be quashed for reconsideration with recognition of the discretion to make exceptions.

Court Disposition

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

Orders

  • The decision contained in the email of 19th August 2015 is quashed.
  • The CPS is required to reconsider its prosecution decision in accordance with the judgment.