RL & Anor, R. v

RL & Anor, R. v

A prosecution for the strict liability offence under section 85 Water Resources Act 1991 may be brought against an unincorporated association in its own name, as 'person' includes such associations per the Interpretation Act 1978, and no contrary intention appears in the statute. Individual members may also be prosecuted absent personal culpability, as their liability is primary, not vicarious, but the Crown may elect to prosecute the association alone.

Parties
Appellant: The Queen; Respondent: RL; Respondent: JF
Jurisdiction
England and Wales
Judgment Date
28 August 2008
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeal From Crown Court Ruling on Motion to Quash Indictment
Outcome
Appeal allowed in part; no retrial ordered; respondents acquitted.
Legal Topics
Liability of Unincorporated Associations, Statutory Interpretation, Strict Liability Offences, Criminal Procedure
Criminal Law Environmental Law Liability of Unincorporated Associations Statutory Interpretation Strict Liability Offences Criminal Procedure

Case Brief

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Parties

The Queen

Appellant

RL

Respondent

JF

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal From Crown Court Ruling on Motion to Quash Indictment

Legal Issues

  1. 1 Whether an unincorporated association can be prosecuted for a statutory strict liability offence under section 85 Water Resources Act 1991
  2. 2 Whether individual members of an unincorporated association can be prosecuted for such an offence absent personal culpability
  3. 3 Whether the absence of specific statutory procedural provisions signals a contrary intention to the Interpretation Act 1978 definition of 'person'

Ratio Decidendi

A prosecution for the strict liability offence under section 85 Water Resources Act 1991 may be brought against an unincorporated association in its own name, as 'person' includes such associations per the Interpretation Act 1978, and no contrary intention appears in the statute. Individual members may also be prosecuted absent personal culpability, as their liability is primary, not vicarious, but the Crown may elect to prosecute the association alone.

Court Disposition

Appeal allowed in part; no retrial ordered; respondents acquitted.

Orders

  • The appeal is allowed in part.
  • No order for a fresh trial under section 61(4)(b) Criminal Justice Act 2003.