Successful challenge of CPS prosecution of 15-year-old girl

Leah Connolly successfully challenges the CPS decision to prosecute a 15-year-old charged with possession of bladed article, namely a box cutter.

ZT was 15 years old and of good character. He was arrested for possession of a bladed article. Admissions were made at the scene and later at Court. Under Youth Justice Policy, those 15 years and under who are arrested for possession of a blade, and have no previous cautions or convictions for bladed articles can be dealt without the need for the case to go to Court, subject to certain criteria being made. However, despite all guidance pointing towards diversion and the case being dealt with by way of a Youth Conditional Caution (YCC). The CPS chose to prosecute.

Leah wrote lengthy representations challenging the decision to prosecute however, the CPS remained resolute in their decision. Leah, sought the advice of Pippa Woodrow of Doughty Street chambers and a letter before action was drafted whereby we set out our intention to judicially review the CPS decision to prosecute ZT.

Upon receipt of our letter, the CPS reviewed their case and agreed that ZT’s case could be dealt with by way of YCC.