CW and MM, R. v
Consent of the Attorney General must be obtained before proceedings are instituted; steps taken at hearings before consent is given are not protected by s25 and do not cure the failure to obtain consent. Proceedings instituted before consent are a nullity.
- Parties
- Appellant: Regina; Respondent: CW; Respondent: MM
- Jurisdiction
- England and Wales
- Judgment Date
- 22 May 2015
- Procedural Posture
- Criminal Appeal / Interlocutory Appeal From a Preparatory Hearing Ruling
- Outcome
- Application rejected
- Legal Topics
- Consent of Attorney General, Institution of Proceedings, Conspiracy to Supply Drugs, Nullity of Proceedings, Timing of Consent
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Appellant
CW
Respondent
MM
Respondent
Procedural Posture
Criminal Appeal / Interlocutory Appeal From a Preparatory Hearing Ruling
Legal Issues
- 1 Whether proceedings instituted before obtaining Attorney General's consent are a nullity under s4 Criminal Law Act 1977
- 2 Whether steps taken at hearings before consent is given are protected by s25 Prosecution of Offences Act 1985
Ratio Decidendi
Consent of the Attorney General must be obtained before proceedings are instituted; steps taken at hearings before consent is given are not protected by s25 and do not cure the failure to obtain consent. Proceedings instituted before consent are a nullity.
Court Disposition
Application rejected
Full Case Text
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