Alec Jarrett Limited & Ors, R (on the application of) v Bristol Magistrates Court

Alec Jarrett Limited & Ors, R (on the application of) v Bristol Magistrates Court

The Secretary of State had power to prosecute for breaches of WATOK as a corporation sole, and this prosecutorial function was effectively assigned to the CPS by the Attorney General under section 3(2)(g) of the Prosecution of Offences Act 1985. The FSA's designation as competent authority under WATOK and article...

Source-derived case information.

Parties
Claimant: Alec Jarrett Limited; Claimant: Gareth Lloyd; Claimant: Paul Beeton; Defendant: Bristol Magistrates Court; First Interested Party: Crown Prosecution Service; Second Interested Party: Secretary of State for the Department for Environment, Food and Rural Affairs; Third Interested Party: Food Standards Agency; Fourth Interested Party: Association of Independent Meat Suppliers
Jurisdiction
England and Wales
Judgment Date
07 November 2025
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Prosecutorial Powers, Interpretation of Statutory Instruments, Assignment of Prosecutorial Functions, Competent Authority Under EU Derived Regulations, Judicial Review of Magistrates' Decisions
Administrative Law Criminal Law Animal Welfare Law Prosecutorial Powers Interpretation of Statutory Instruments Assignment of Prosecutorial Functions Competent Authority Under EU Derived Regulations Judicial Review of Magistrates' Decisions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alec Jarrett Limited

Claimant

Gareth Lloyd

Claimant

Paul Beeton

Claimant

Bristol Magistrates Court

Defendant

Crown Prosecution Service

First Interested Party

Secretary of State for the Department for Environment, Food and Rural Affairs

Second Interested Party

Food Standards Agency

Third Interested Party

Association of Independent Meat Suppliers

Fourth Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the CPS had power to initiate prosecutions for offences under WATOK via assignment from the Secretary of State
  2. 2 Whether the Secretary of State had prosecutorial power for WATOK offences
  3. 3 Whether the FSA was the competent authority for prosecutions under WATOK

Ratio Decidendi

The Secretary of State had power to prosecute for breaches of WATOK as a corporation sole, and this prosecutorial function was effectively assigned to the CPS by the Attorney General under section 3(2)(g) of the Prosecution of Offences Act 1985. The FSA's designation as competent authority under WATOK and article 138 of the 2017 OC Regulation did not extend to the initiation of prosecutions. Therefore, the prosecution was properly instituted and the District Judge's decision was correct.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.