East Riding of Yorkshire Council v Dearlove

East Riding of Yorkshire Council v Dearlove

The Council's officers did not overstep the line of acceptable conduct; they acted as ordinary members of the public would by making a telephone booking in response to an advertisement. There was no impermissible entrapment or abuse of process. The justices erred in law in staying the prosecution.

Parties
Claimant: East Riding of Yorkshire Council; Defendant: Philip Dearlove
Jurisdiction
England and Wales
Judgment Date
27 January 2012
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal allowed; stay of prosecution quashed; case remitted for substantive consideration of charges.
Legal Topics
Abuse of Process, Entrapment, Test Purchase, Licensing Offences
Criminal Law Administrative Law Abuse of Process Entrapment Test Purchase Licensing Offences

Case Brief

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Parties

East Riding of Yorkshire Council

Claimant

Philip Dearlove

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the conduct of the Council's officers amounted to an abuse of process by overstepping acceptable investigatory limits
  2. 2 Whether the information available to the Council prior to the test purchase amounted to reasonable grounds for suspicion of criminal activity
  3. 3 Whether the facts were properly distinguished from Nottingham City Council v Amin

Ratio Decidendi

The Council's officers did not overstep the line of acceptable conduct; they acted as ordinary members of the public would by making a telephone booking in response to an advertisement. There was no impermissible entrapment or abuse of process. The justices erred in law in staying the prosecution.

Court Disposition

Appeal allowed; stay of prosecution quashed; case remitted for substantive consideration of charges.

Orders

  • Quash the decision to stay the prosecution
  • Remit the case to the justices for substantive consideration of the charges