Administrative Court quash and remit a CPS decision not to prosecute a police officer for an alleged offence of causing death by dangerous driving following the death of a teenage moped rider.

Ann Torpey v Director of Public Prosecutions [2019] EWHC 1804 (Admin)

On the 9 February 2016, Lewis Johnson died when his moped hit a street light near Clapton Common whilst he was being pursued by police vehicles. The police officer driving the lead pursuit vehicle was not trained to pursue motorcycles or mopeds nor was he authorised to do so on this occasion.

The matter was considered by the CPS and in February 2018 it was decided not to charge the officer with causing death by dangerous driving or any other criminal offence. Lewis’s mother sought a review of the decision under the Victims’ Right of Review scheme and in October 2018, following such a review, the CPS once again declined to prosecute. Lewis’s mother sought a judicial review of that decision and, following the grant of permission, the Administrative Court, in a judgment handed down today, quashed the CPS decision on the basis that the reviewing lawyer had failed to properly set out the basis of his decision and/or had failed to consider, properly or at all, all relevant material.

The decision, although not a challenge to the MPS’s policies on the pursuit of motorcycles and mopeds, is against the background of disquiet concerning the risks inherent in such pursuits.

Iain Daniels, instructed by Tuckers Solicitors, represented Anne Torpey, Lewis’s mother.