We represented a child of good character who had been charged with failing to comply with a road traffic signal - driving through a red light.

Background

At our client's first appearance, we made representations to the Crown Prosecution Service (CPS) that it was not in the public interest to prosecute our young client for this offence. The CPS disagreed and confirmed that the matter had been reviewed and would proceed.

In light of this decision, we made an application to adjourn our client's hearing so that written representations could be made. The Court granted our application.

Further written representations were submitted to the CPS, however, they maintained their decision to proceed with the prosecution.

Pre-action challenge to CPS decision

We therefore served a pre-action protocol letter challenging the CPS' decision on the basis that it was irrational and failed to apply a ‘Child First’ approach. We also argued that the CPS had failed to consider the extensive guidance confirming that the unnecessary criminalisation of children must be avoided.

After considering our pre-action protocol letter, the CPS made enquiries as to whether the matter could be disposed of by way of an out of court resolution. We maintained that it was not in the public interest to proceed with this matter in any form.

Outcome

The CPS subsequently withdrew the offence against our client.

Our client was represented by Sabrina Neves, a solicitor in our specialist Youth Crime Team.