AB & Ors, R. v [2017] EWCA Crim 534 (28 April 2017)

AB & Ors, R. v [2017] EWCA Crim 534 (28 April 2017)

Thurrock Council had no power to prosecute under s.222 LGA 1972 as the prosecution was not expedient for the promotion or protection of the interests of Thurrock inhabitants; Council has no unfettered common law right to prosecute; proceedings must be conducted by the Director of Public Prosecutions.

Citation
[2017] EWCA Crim 534
Parties
Respondent: Regina; Appellant: AB; Appellant: CD; Appellant: EF; Interested Party: Legal Aid Agency; Interested Party: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
28 April 2017
Procedural Posture
Criminal Appeal / Interlocutory Appeal Against Preparatory Hearing Ruling
Outcome
Council had no power to prosecute; DPP to continue prosecution
Legal Topics
Prosecutorial Powers, Abuse of Process, Statutory Interpretation, Private Prosecutions, Ultra Vires, Legal Aid Fraud
Criminal Law Local Government Law Public Law Prosecutorial Powers Abuse of Process Statutory Interpretation Private Prosecutions Ultra Vires +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 24 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Respondent

AB

Appellant

CD

Appellant

EF

Appellant

Legal Aid Agency

Interested Party

Director of Public Prosecutions

Interested Party

Procedural Posture

Criminal Appeal / Interlocutory Appeal Against Preparatory Hearing Ruling

Legal Issues

  1. 1 Whether Thurrock Council had power to prosecute under s.222 Local Government Act 1972
  2. 2 Whether a local authority has a common law right to prosecute
  3. 3 Whether the prosecution was expedient for the interests of Thurrock inhabitants

Ratio Decidendi

Thurrock Council had no power to prosecute under s.222 LGA 1972 as the prosecution was not expedient for the promotion or protection of the interests of Thurrock inhabitants; Council has no unfettered common law right to prosecute; proceedings must be conducted by the Director of Public Prosecutions.

Court Disposition

Council had no power to prosecute; DPP to continue prosecution

Orders

  • Declaration that Thurrock Council had no power to prosecute under s.222 LGA 1972
  • Director of Public Prosecutions to take over and continue prosecution