The 74-year-old is expected to go on retrial in October.
Hillsborough match commander David Duckenfield will face a retrial over the gross negligence manslaughter of 95 Liverpool fans.
The Crown Prosecution Service (CPS) sought a retrial after a jury was discharged in April following a 10-week trial.
The application was resisted by lawyers for the 74-year-old retired chief superintendent.
Ninety-six men, women and children died in the crush on the Leppings Lane terrace at the FA Cup semi-final between Liverpool and Nottingham Forest on 15 April 1989.
Under the law at the time, Duckenfield was not charged over the death of the 96th victim, Tony Bland, as he died more than a year and a day after the disaster.
A retrial is expected to take place on 7 October.
Around 10 family members were in court to hear the decision which was also relayed to a building in Liverpool where other relatives were watching.