Hatton, R (on the application of) v Devon & Cornwall Constabulary [2008] EWHC 209 (Admin) (04 February 2008)

Hatton, R (on the application of) v Devon & Cornwall Constabulary [2008] EWHC 209 (Admin) (04 February 2008)

The claimant's written statement provided the necessary information under section 172, and the prosecution for failure to provide information was inappropriate. However, judicial review is not the proper forum to challenge the decision to prosecute; such issues should be addressed in the Magistrates' Court.

Citation
[2008] EWHC 209 (Admin)
Parties
Claimant: Michael John Hatton; Defendant: Chief Constable of Devon and Cornwall Constabulary
Jurisdiction
England and Wales
Judgment Date
04 February 2008
Procedural Posture
Judicial Review / Renewed Application for Permission to Seek Judicial Review
Outcome
Permission to seek judicial review refused; claim dismissed.
Legal Topics
Road Traffic Offences, Judicial Review, Abuse of Process, Prosecution Discretion
Criminal Law Administrative Law Road Traffic Offences Judicial Review Abuse of Process Prosecution Discretion

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Parties

Michael John Hatton

Claimant

Chief Constable of Devon and Cornwall Constabulary

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission to Seek Judicial Review

Legal Issues

  1. 1 Whether the claimant's response satisfied section 172 of the Road Traffic Act 1988
  2. 2 Whether the decision to prosecute under section 172 was an abuse of process
  3. 3 Whether judicial review is appropriate for challenging a decision to prosecute

Ratio Decidendi

The claimant's written statement provided the necessary information under section 172, and the prosecution for failure to provide information was inappropriate. However, judicial review is not the proper forum to challenge the decision to prosecute; such issues should be addressed in the Magistrates' Court.

Court Disposition

Permission to seek judicial review refused; claim dismissed.

Orders

  • Judgment to be published and brought to the attention of the Chief Constable and the Magistrates' Court.