Gavigan & Anor, R (on the application of) v Crown Prosecution Service

Gavigan & Anor, R (on the application of) v Crown Prosecution Service

There is no principle or policy reason that prevents prosecution for more serious offences after a penalty notice for a lesser offence is issued and not paid; payment only discharges liability for the offence specified in the notice.

Parties
Claimant: Michael Gavigan; Claimant: Connor Gavigan; Defendant: Enfield Magistrates Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
24 July 2013
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Abuse of Process, Penalty Notices, Public Order Act Offences
Criminal Law Administrative Law Abuse of Process Penalty Notices Public Order Act Offences

Case Brief

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Parties

Michael Gavigan

Claimant

Connor Gavigan

Claimant

Enfield Magistrates Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether prosecuting for more serious offences after issuing a penalty notice for a lesser offence constitutes an abuse of process
  2. 2 Whether the claimants' expectation based on the penalty notice precludes prosecution for more serious offences

Ratio Decidendi

There is no principle or policy reason that prevents prosecution for more serious offences after a penalty notice for a lesser offence is issued and not paid; payment only discharges liability for the offence specified in the notice.

Court Disposition

Claim dismissed

Orders

  • Costs order in the sum of £1,294.25 to the CPS
  • Stay on prosecution lifted