Daniel Hegarty, 15, was shot and killed by a member of an Army patrol on duty in the Creggan area of Derry on 31 July 1972 during “Operation Motorman”.

He died after being shot twice in the head by Soldier B. His cousin Christopher Hegarty, then 17, was also shot and injured in the incident.

The Director of Public Prosecutions for Northern Ireland, Stephen Herron, met privately with the Hegarty family yesterday to inform them of the decision.

Speaking afterwards, Mr Herron said: “I have concluded that the evidence which can be presented at court is sufficient to provide a reasonable prospect of conviction and that the evidential test for prosecution is met.

“As with all cases, I have also carefully considered whether the public interest requires prosecution through the courts. Particular consideration was given to Soldier B’s ill health, regarding which an updated medical report was obtained. In line with our Code for Prosecutors, I have concluded, given the seriousness of the charges, that the public interest test for prosecution is also met.

“I have therefore taken the decision to prosecute an individual identified as Soldier B for the offence of murder in relation to the death of Daniel Hegarty and for the wounding of Christopher Hegarty.

“This decision has been reached following an objective and impartial application of the Test for Prosecution which was conducted in accordance with the Code for Prosecutors and with the benefit of advice from Senior Counsel.”

The Public Prosecution Service has taken prosecutorial decisions in 26 legacy cases since 2011.

Half of the cases (13) relate to alleged offences involving republican paramilitaries. Prosecutions have taken place in eight of these and proceedings are still active in three of them. Of the five concluded cases, there were two convictions and two in which proceedings were discontinued, one following the death of the defendant. There was also one acquittal.

A smaller number of cases (8) relate to alleged loyalist paramilitary activity. There were decisions to prosecute in four of these cases. Convictions have been secured in two cases while two others are currently active.

A further five cases involve a number of former soldiers. This has resulted in a decision to prosecute six individuals for a range of serious offences.

The final two cases involve police officers and both resulted in a decision not to prosecute.