04 October 2007
R (on the application of A) v South Yorkshire Police [2007] EWHC 1261 (Admin), [2007] All ER (D) 233 (Jul)
A number of juveniles sought to challenge the decision to charge them rather than give a final warning under the Crime and Disorder Act 1998, s 65. They argued that the decision contravened the relevant Home Office Circular (14/2006).
It was held that the court should not intervene unless it is clearly established that the decision to prosecute the defendants came about as a result of a departure from the statutory guidance and there is no rational explanation for that departure; even then, any intervention by the court would be discretionary.
The ultimate question for decision is whether or not the decision to prosecute is sustainable.
