The Crown Prosecution Service has said there remains a “realistic prospect of conviction” for Harry Dunn’s alleged killer despite a High Court ruling she had diplomatic immunity.
Mr Dunn, 19, died when his motorbike was in a crash with a car near RAF Croughton, Northamptonshire, in 2019.
The suspect, 43-year-old Anne Sacoolas, later left for the United States on diplomatic immunity grounds.
Mr Dunn’s mother, Charlotte Charles, said her family was “really pleased”.
Mrs Sacoolas, whose husband Jonathan worked as a technical assistant at the RAF base, was charged with causing death by dangerous driving in December, but an extradition request was denied by the US in January.
A legal challenge by Mrs Charles and Mr Dunn’s father Tim Dunn claimed Mrs Sacoolas should not have been granted immunity.
But in November High Court judges concluded that Mrs Sacoolas “enjoyed immunity from UK criminal jurisdiction at the time of Harry’s death”.
Mrs Charles and Mr Dunn have been granted permission to appeal against the decision.
The East Midlands chief crown prosecutor, Janine Smith, has written a letter to Harry Dunn’s family.
It said: “Having considered the judgment, and notwithstanding the outcome in respect of diplomatic immunity, I am satisfied that there remains sufficient evidence for a realistic prospect of conviction and that it remains in the public interest for the prosecution to continue.
“The CPS remains of the view that Mrs Sacoolas should return to the UK to stand trial.
“I do hope this confirmation is of some small comfort to Harry’s family and friends at this challenging time of the year.”
Mrs Charles said: “My family and I are really pleased to see this letter from the CPS.
“We are approaching our second Christmas without Harry and without justice for Harry.
“Our pain is raw and real and we need to get this done sooner rather than later.
“In our darkest hour we know we can continue to count on the CPS to continue to do their job.”