Barons Pub Company Ltd, R (on the application of) v Staines Magistrates' Court

Barons Pub Company Ltd, R (on the application of) v Staines Magistrates' Court

The Council followed its Enforcement Policy and properly exercised prosecutorial discretion; the Magistrates’ Court cannot review the decision to prosecute except via abuse of process, and no oppression was shown. The claim for judicial review is dismissed.

Parties
Claimant: Barons Pub Company Limited; Defendant: Staines Magistrates’ Court; Interested Party: Runnymede Borough Council; Intervener: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
18 April 2013
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review of Decision to Prosecute
Outcome
Claim for judicial review dismissed
Legal Topics
Abuse of Process, Prosecutorial Discretion, Enforcement Policy, Food Hygiene Regulations, Judicial Review
Administrative Law Criminal Law Regulatory Law Abuse of Process Prosecutorial Discretion Enforcement Policy Food Hygiene Regulations Judicial Review

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Parties

Barons Pub Company Limited

Claimant

Staines Magistrates’ Court

Defendant

Runnymede Borough Council

Interested Party

Director of Public Prosecutions

Intervener

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review of Decision to Prosecute

Legal Issues

  1. 1 Whether the Magistrates’ Court can review a prosecutorial decision other than through an abuse of process application
  2. 2 Whether the Council failed to have regard to its Enforcement Policy in deciding to prosecute
  3. 3 Whether oppression must be shown for an abuse of process application to succeed

Ratio Decidendi

The Council followed its Enforcement Policy and properly exercised prosecutorial discretion; the Magistrates’ Court cannot review the decision to prosecute except via abuse of process, and no oppression was shown. The claim for judicial review is dismissed.

Court Disposition

Claim for judicial review dismissed

Orders

  • Stay on prosecution lifted; prosecution may resume in the Magistrates’ Court