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No charges for police officer following deaths of two boys in south Wales crash

|News, Driving offences

The Crown Prosecution Service has decided it will not bring criminal charges against a South Wales Police officer following the deaths of Harvey Evans, 15, and Kyrees Sullivan, 16, in an electric bicycle crash in Ely, Cardiff, on 22 May 2023.

Malcolm McHaffie, Head of the Crown Prosecution Service Special Crime Division, said: “Our thoughts remain with the families and friends of the two teenagers following their tragic deaths in May 2023.

“Following a thorough and detailed review of the evidence in relation to a single allegation of dangerous driving in this case, we have decided that no criminal charges will be brought against a South Wales Police officer. 

“We have concluded that there is insufficient evidence to provide a realistic prospect of conviction.

“We fully understand that this will be disappointing news for the families of both boys and will offer a meeting with them to explain our reasoning further.”

The decision is subject to the Victim’s Right of Review (VRR) scheme which provides a victim or their families in some classes of case with a specifically designed process to exercise the right to review certain CPS decisions not to start a prosecution or to stop a prosecution.

Notes to editors

  • Under the VRR scheme if a new decision is reached, it may be appropriate to institute or reinstitute criminal proceedings.
  • The right to request a review of a decision not to prosecute under the VRR scheme applies to Full Code Test decisions that have made by a Crown Prosecutor, regardless of their grade or position in the organisation.
  • It is important to note that the “right” referred to in the context of the VRR scheme is the right to request a review of a final decision. It is not a guarantee that proceedings will be instituted or reinstituted.
  • Following a review under the scheme, qualifying decisions not to charge, to discontinue or to withdraw can be instituted or reinstituted, subject to any statutory time limits.
  • There are two possible review outcomes:
  1. A New Decision: when the earlier decision is overturned.
  2. Uphold Previous Decision: the original decision not to prosecute is upheld, and the victim notified and provided with an explanation.

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