Walters, R v

Walters, R v

The prosecution was not an abuse of process because the DWP's representation was not binding on the local authority, the applicant did not act to her detriment in reliance on the representation, and there was clear public interest in prosecuting the offences. The recorder was entitled to refuse a stay and the convictions were not unsafe.

Parties
Applicant: Jamila Faye Walters; Prosecutor: London Borough of Waltham Forest
Jurisdiction
England and Wales
Judgment Date
02 July 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
application for leave to appeal refused
Legal Topics
Abuse of Process, Legitimate Expectation, Fraud, Dishonesty, Benefit Offences
Criminal Law Administrative Law Abuse of Process Legitimate Expectation Fraud Dishonesty Benefit Offences

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Jamila Faye Walters

Applicant

London Borough of Waltham Forest

Prosecutor

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the prosecution was an abuse of process due to an unequivocal representation by the DWP not to prosecute
  2. 2 Whether the applicant acted to her detriment in reliance on the DWP's representation
  3. 3 Whether the convictions are unsafe due to the inclusion of certain counts in the indictment

Ratio Decidendi

The prosecution was not an abuse of process because the DWP's representation was not binding on the local authority, the applicant did not act to her detriment in reliance on the representation, and there was clear public interest in prosecuting the offences. The recorder was entitled to refuse a stay and the convictions were not unsafe.

Court Disposition

application for leave to appeal refused

Orders

  • Application to vary grounds of appeal refused
  • Renewed application for leave to appeal against conviction refused