Charging decision of Chief Constable of Hertfordshire Constabulary overturned

Duncan Jones (instructed by Amsterdam & Partners) successfully challenged the decision to prosecute a youth with possession of cannabis.

Having twice reviewed the matter and twice decided to continue the prosecution, the CPS discontinued proceedings after the defence engaged the pre-action protocol for judicial review, submitting that the prosecution had misinterpreted and misapplied the DPP’s Guidance and the MOJ’s Code of Practice on Youth Conditional Cautions.

The defendant recovered his costs.