Source: All England Reporter
Publisher Citation: [2002] All ER (D) 95 (Jan)
Court: Divisional Court

Auld LJ and Gage J

Representation Charles Chadwick (instructed by Wilson & Co) for A.
  Jason Elliot (instructed by Kate Heather) for London Transport.
  John McGuinness QC (instructed by the Crown Prosecution Service) as interested party.
Judgment Dates: 17 January 2002


Criminal Law - Prosecutor - Discretion - Assault - Claimant 15 years old - Claimant assaulting employee of defendant - Defendant seeking to prosecute claimant - Claimant arguing defendant having to dispose of matter by way of reprimand or formal warning - Claimant submitting Crown Prosecution having to intervene - Whether defendant entitled to bring prosecution.

The Case

A decision made by London Bus Services Ltd to prosecute a 15 year old girl for the assault of one of its of staff was not unreasonable or irrational in circumstances where they had considered whether to issue a reprimand or issue a formal warning.

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