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Judicial review challenge to summary prosecution and adult cautioning scheme declared moot following withdrawal of criminal charges
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The High Court dismissed judicial review proceedings brought by an individual challenging the withdrawal of criminal charges and the legality of summary prosecutions and the adult cautioning scheme. The court held that the case was moot after the relevant prosecution was discontinued, meaning there was no longer a live dispute between the parties. The applicant's broader constitutional and systemic challenges were found to be hypothetical and lacking sufficient connection to her own circumstances, as she neither participated in nor was subjected to the adult cautioning scheme. The judge concluded there was no exceptional public interest requiring the court to hear the case despite its mootness. While the respondents were technically successful, the judge made no order as to costs, acknowledging the personal impact of the proceedings on the applicant and the bona fide nature of the application.
judicial review – mootness – summary prosecution – adult cautioning scheme – withdrawal of criminal charges – public interest exception – locus standi – costs – legal standing – constitutional challenge – District Court prosecution – Rules of the Superior Courts (RSC) – Legal Services Regulation Act 2015 – Article 30.3 of the Constitution – prosecutorial discretion
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