Moss & Son Ltd v Crown Prosecution Service (Rev 1)

Moss & Son Ltd v Crown Prosecution Service (Rev 1)

There was no breach of the Dairy Policy in applying a 12-month employment criterion to select cases for prosecution; even if there had been a breach, it would not have amounted to oppression or an abuse of process warranting a stay. The District Judge was correct to refuse a stay.

Parties
Appellant: Moss & Son Ltd; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
18 December 2012
Procedural Posture
Criminal Appeal (case Stated) / Appeal From Magistrates' Court Decision on Application to Stay Prosecution as Abuse of Process
Outcome
appeal dismissed
Legal Topics
Abuse of Process, Prosecutorial Discretion, Application of Prosecution Policy, Strict Liability Offences
Criminal Law Administrative Law Constitutional Law Abuse of Process Prosecutorial Discretion Application of Prosecution Policy Strict Liability Offences

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Parties

Moss & Son Ltd

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal (case Stated) / Appeal From Magistrates' Court Decision on Application to Stay Prosecution as Abuse of Process

Legal Issues

  1. 1 Whether there was a breach of the GLA Dairy Policy in prosecuting the appellant
  2. 2 If so, whether such a breach warranted a stay of proceedings as an abuse of process

Ratio Decidendi

There was no breach of the Dairy Policy in applying a 12-month employment criterion to select cases for prosecution; even if there had been a breach, it would not have amounted to oppression or an abuse of process warranting a stay. The District Judge was correct to refuse a stay.

Court Disposition

appeal dismissed