Those who say that the CAA
always prosecute in cases of fuel starvation are a little out of date. Earlier this year I attended a CAA safety evening at Fairoaks in which we were given a talk by the CAA's current head of enforcement. He mentioned that his predecessor had a particular penchant for prosecuting fuel starvation cases, but made it clear that he personally did not agree with that emphasis. If you run out of fuel and do a successful forced landing with no damage and no injuries, it's unlikely that you'll be prosecuted by the current administration. They're more interested in pursuing illegal public transport nowadays, which is fair enough IMHO.
Also, let's not be too harsh on the pilot for arriving with a small amount of fuel on board. I seem to remember from
the original AAIB report on this incident that the aircraft operators put some degree of pressure on pilots not to return the aircraft with too much fuel on board, so that the aircraft could if necessary take a full passenger load on its next flight. That doesn't excuse the error completely of course, but it is perhaps a mitigating factor.