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

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

The CPS decision to prosecute was not irrational, was not materially affected by the mistake regarding the age gap, and did not fail to follow settled policy; the court's jurisdiction to intervene is highly exceptional and not warranted in this case.

Parties
Claimant: CM; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
25 November 2014
Procedural Posture
Judicial Review / Judgment
Outcome
application for judicial review dismissed
Legal Topics
Prosecution of Juveniles, Judicial Review of Prosecutorial Decisions, Public Interest, Mistake of Fact, CPS Policy
Criminal Law Public Law Prosecution of Juveniles Judicial Review of Prosecutorial Decisions Public Interest Mistake of Fact CPS Policy

Case Brief

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Parties

CM

Claimant

Crown Prosecution Service

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the CPS decision to prosecute a child was irrational
  2. 2 Whether a mistake of fact regarding age difference vitiated the decision
  3. 3 Whether CPS failed to follow its settled policy regarding prosecution of young offenders

Ratio Decidendi

The CPS decision to prosecute was not irrational, was not materially affected by the mistake regarding the age gap, and did not fail to follow settled policy; the court's jurisdiction to intervene is highly exceptional and not warranted in this case.

Court Disposition

application for judicial review dismissed

Orders

  • application for judicial review dismissed
  • order for legal aid detailed assessment granted