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04 April 2008
Issue: 7315 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

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R (H) v Guildford Youth Court [2008] All ER (D) 02 (Mar)

A juvenile was accused of assault. Before he was interviewed by the police it was intimated to his solicitor that it was possible that the case would be dealt with by way of a final warning.

The juvenile admitted the offence and was bailed to an “intervention clinic”, when it was indicated that the matter would be dealt with by way of a final warning. The Crown Prosecution Service (CPS) subsequently decided that a prosecution would be appropriate, and he was charged.

HELD The fact that a promise was made by an officer of the state, namely the police officer who was in charge at that stage deciding whether or not to prosecute, is something that there is a clear public interest in upholding. The proceedings should therefore have been stayed as an abuse of process.
 

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