An 11 year-old boy faces a criminal trial in England, charged with racially aggravated assault. The boy allegedly racially abused an Asian pupil and punched him twice in the back after the Asian pupil had compared him to the Teletubbies, apparently in reference to the boy's size.

The Crown Prosecution Service (CPS) charged the boy - identified as H - with racially aggravated assault and common assault.

Solicitors for H took the case to the High Court in the hope of having it thrown out, but Lord Justice Kennedy felt the court should not interfere with the judgment of the CPS and that it was in the public interest to proceed.