10 year old accused of racist abuse given formal warning
26/04/2006
The Chief Crown Prosecutor for Greater Manchester, John Holt, has decided not to continue a prosecution against a 10 year old boy for using racist language against a fellow school pupil. The boy has now been given a formal warning about his conduct.
Mr Holt said he had decided after reviewing the case that the boy should be warned about his conduct under the Protection from Harassment Act 1997. The boy has now received the warning. This does not count as a criminal record but can be used in evidence if he comes back to court in future.
When the case against three boys first came to the CPS, the reviewing lawyer recommended a reprimand for one boy and final warnings for the other two, in line with national guidance on dealing with young offenders. The mother of the victim was content with this course of action.
Mr Holt said: "In offering a reprimand or final warnings to all the boys at the start, our intention was to avoid a prosecution and to ensure that the boys understood and accepted that their behaviour, which had gone on for some time, was wrong."
One of the boys refused to accept a final warning and was charged. When the case was first before the District Judge at Salford Youth Court earlier this month, the judge, Mr Jonathan Finestein, asked the prosecution to reconsider the case.
Mr Holt said: "Mr Finestein made remarks about the decision to prosecute which were highly critical of the CPS. He was not aware of the full history of the matter, in particular the prior disposal of the allegations against the other two boys. He has accepted that he may well have been less forthright in his comments if he had been aware.
"His request for us to look at the case again is a valid one as we have a duty to keep cases under constant review, and as head of the CPS in Greater Manchester, I have reviewed this case personally.
"In my review I have taken into account the fact the other two boys, who had a greater involvement, have accepted a reprimand and a final warning over their behaviour.
"I have also considered the District Judge's comments; we have looked at the case again to see if there is another way of dealing with it and decided to proceed with the warning.
"As the third boy has now been given the warning about his conduct we feel that this matter is now closed."
Notes to Editors
- The case was first before Salford Youth Court on 6 April 2006. It was adjourned to 20 April 2006.
- On 18 April 2006, the prosecution, with the consent of the defence, asked for the case to be adjourned to 27 April 2006 on the grounds that a number of people who needed to be consulted about the case were not available.
- For further details, contact CPS Press Office on 020 7796 8180.
