If you disagree you can't say this one case should be prosecuted despite not meeting the criteria
It definitely met the criteria, atleast the evidential part - it was mentioned at least twice in the review. It's interesting how the review is read (or not) with different perspectives.
The decision was an emotional one which may or may not be based on the bolded part of what a pp wrote...
A kid dies, the blacker the killer, the sweeter the news
And if he's white you give him a chance, he's ill and confused
If he's black he's probably armed, you see him and shoot”
Because of this part of the review:
Ms MacDaid concluded that there was sufficient evidence to give rise to a realistic prospect of Q being convicted of the offence of unlawful act manslaughter, but that a prosecution would not be in the public interest.
Public interest and consideration mainly being:
He was presenting challenging behaviour at school as a result of his peer group saying he had killed someone and had said to his social worker that he would kill himself if sent to prison, a threat treated as very real. A charge would have a devastating effect on Q's family, and the safeguarding and other implications for Q and his family were said to be huge, with services picking up the negative impact for years
So the only reason to not prosecute is because conviction was likely, based on the evidence, but doing so doesn't change what has happened and it would affect the boy and his family, including his history, age and maturity.
Although I too wouldn't want to convict a teenager for accidentally killing someone, especially if 'he looks innocent, confused, afraid and threatens to kill himself', I agree with this challenge:
The claimant was granted permission to advance five grounds which I summarise as follows:
(1) the decision failed to give proper weight to the fact that the offence involved the death of a child;
(2) the decision gave undue weight to the impact of a prosecution on the future of Q;
(3) the decision failed to consider and give effect to the aggravating factors that Q told lies and failed to show remorse;
(4) the decision wrongly took account of the effect of a prosecution on witnesses, alternatively failed to have proper regard to the mitigation of that effect by the use of special measures;
(5) the decision suffered from fundamental or material factual error.
I read the counter to the challenge and it still boils down to the same thing. It was an emotional decision which couldn't really be factually justified. It's understandable given the circumstances but letting him go without any consequence whatsover is the wrong decision. There wasn't "horseplay" involved. Christopher wasn't 'messing around' with him. He was just mean and his actions took a life. He should be able to do something about it simply for that fact. Just something. I don't know what but I don't think he should be locked up.
However, the mum should be allowed to feel how she wants about it without having to think of what the "poor boy" who killed her son must be going through. People minimising the culprit's actions, diverting sympathy to him instead and blaming her and her dead son for the accident! Utterly vile!