Mother attacks £10,000 failed prosecution of son, 12, for throwing sausage at neighbour

He was arrested, held in a cell and hauled before the courts four times at a cost to the taxpayer of more than £10,000.

But a judge condemned police and lawyers for criminalising the boy for what he described as a Just William prank.

Last night the youngster's family hailed "a victory for common sense" and hit out at the legal system for subjecting him to the ordeal.

His mother, 40, said: "We're glad it's been dropped but it should never have gone this far in the first place."

His lawyer Kieran Henry said: "To have a young lad like that on bail for so long was ridiculous."

The incident happened on August 11 when a neighbour, Michael Deegan, 74, was walking home from a pub in Wythenshawe, Manchester.

The boy was having a picnic with his friends when a disagreement erupted with Mr Deegan. The pensioner told police the boy retaliated by throwing a cocktail sausage, which hit him on the shoulder, before running off.

The boy, who suffers learning difficulties and attends a special school, said: "It was only a tiny little sausage.

"I know I shouldn't have done it but he was going on at me like he usually does so I just threw it at him."

The boy was arrested by two police officers, placed in a squad car and locked in a cell before being hauled before a court and charged with common assault.

District Judge Tim Devas told the youth court where the boy appeared: "I was brought up in the era of Just William. You may not remember it but this incident sounds similar.

"If he has done what was suggested it is very bad behaviour. But is it in the public interest to prosecute a 12-yearold boy who threw a sausage?"

He urged the Crown Prosecution Service to reconsider their decision to pursue the case. Yesterday it was discontinued.

The boy had been due to appear in court again yesterday but a "notice of discontinuation" was issued after a medical report showed he suffers from attention deficit hyperactive disorder.

He was given a warning under the Harassment Act which means the charges may be revived if any further allegations are made.

A spokesman for the CPS said the information about the boy's medical condition was not available to police at the time. "Having considered the new information the CPS has decided that it is not in the public interest for the matter to be dealt with by a prosecution and the case has now been discontinued," the spokesman added.