Successful challenge to CPS decision to prosecute 17-year-old defendant

ML, a young client, was charged with one count of theft after being accused—alongside two others—of stealing a mobile phone in Central London. Despite being arrested, ML was not interviewed by police, as is standard procedure. Instead, he was charged and bailed to attend court without the opportunity to give his account.

Procedural Failings Impacting a Young Defendant

This procedural failure was particularly concerning given ML’s age. Had he been interviewed, he may have admitted the offence—potentially qualifying for an out-of-court disposal such as a youth caution. This would have allowed him to avoid formal court proceedings and a criminal record at a critical stage in his life.

When ML appeared at court, he admitted the offence. His case was adjourned to allow time for written representations to be made to the CPS, urging them to reconsider their decision to prosecute. Leah prepared comprehensive submissions challenging the appropriateness of prosecution in light of the missed opportunity for an out-of-court resolution. Despite these efforts, the CPS initially refused to change course.

Challenging the CPS Decision

Undeterred, Leah, working alongside Frederick Legg of Garden Court Chambers, issued a letter before action—a formal notice of intention to pursue a judicial review of the CPS’s decision. Upon receipt of the letter, the CPS reviewed the case and agreed to deal with the matter by way of a youth caution.

Had the decision not been challenged, a young person would have faced court proceedings which could have resulted in a criminal conviction.