Two teenagers charged with an immigration offence after crossing the English Channel, when five migrants including a child died, have had the cases against them dropped.

One boy due to appear at Sevenoaks Youth Court on Wednesday had a charge of attempting to enter the UK illegally in April discontinued, court staff told the PA news agency.

Court officials said the Crown Prosecution Service (CPS) decided it was not in the public interest to continue with the prosecution. A CPS spokesman later added that the cases no longer met the legal test for prosecutors.

Court documents for Wednesday’s hearing showed the boy, from Sudan, listed as 16 years old, but the CPS said he was assessed as 17 years old.

Another 16-year-old boy had the same charge against him dropped at an earlier hearing at Medway Youth Court on July 31, the court staff added.

The move comes after months of delays because of age assessments, after the National Crime Agency (NCA) first arrested and charged the youths, describing them as in their 20s – which was disputed by them in court.

A third defendant’s case is ongoing where he is charged with attempting to enter the country illegally and his age is still disputed.

The NCA previously said it was working with Kent Police, immigration enforcement teams and Border Force to support the French-led investigation into the incident off the northern French coast on April 23.

A dinghy carrying more than 100 people set off from Wimereux at about 6am but got into difficulty.

Three men, a woman and a seven-year-old girl died.

Nearly 50 people were rescued but 58 others refused to leave the boat and continued their journey towards the UK, the French coastguard said, with several other boats later embarking on the crossing.

The NCA has been contacted for comment.