AB & Ors, R. v

AB & Ors, R. v

Thurrock Council had no power to prosecute under s.222 of the Local Government Act 1972 as the prosecution was not expedient for the promotion or protection of the interests of Thurrock inhabitants; the Council does not possess a general common law right to prosecute; only statutory powers apply.

Parties
Appellant: Regina; Respondent: AB; Respondent: CD; Respondent: EF; Interested Party: Legal Aid Agency; Interested Party: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
28 April 2017
Procedural Posture
Criminal Appeal / Interlocutory Appeal
Outcome
Council had no power to prosecute; DPP to continue prosecution.
Legal Topics
Prosecutorial Authority, Abuse of Process, Statutory Interpretation, Confiscation Orders, Fraud, Legal Aid
Criminal Law Local Government Law Public Law Prosecutorial Authority Abuse of Process Statutory Interpretation Confiscation Orders Fraud +1 more

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Parties

Regina

Appellant

AB

Respondent

CD

Respondent

EF

Respondent

Legal Aid Agency

Interested Party

Director of Public Prosecutions

Interested Party

Procedural Posture

Criminal Appeal / Interlocutory Appeal

Legal Issues

  1. 1 Whether Thurrock Council had power to prosecute under s.222 of the Local Government Act 1972
  2. 2 Whether the Council had a common law right to prosecute
  3. 3 Whether the prosecution was expedient for the interests of Thurrock inhabitants

Ratio Decidendi

Thurrock Council had no power to prosecute under s.222 of the Local Government Act 1972 as the prosecution was not expedient for the promotion or protection of the interests of Thurrock inhabitants; the Council does not possess a general common law right to prosecute; only statutory powers apply.

Court Disposition

Council had no power to prosecute; DPP to continue prosecution.

Orders

  • Declaration that Thurrock Council had no power to prosecute under s.222 of the Local Government Act 1972.
  • Prosecution to continue under the Director of Public Prosecutions.