31 May 2010
WASEEM ABBAS AND OTHERS v. SECRETARY FOR JUSTICE
- Citation
- WASEEM ABBAS AND OTHERS v. SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV54/2009
Court of Appeal held: (1) the prosecutions for s38(1)(b) were caught by the Prosecution Policy's temporary immunity and thus should not have proceeded without adjournment; (2) a recognizance under s36 does not amount to 'the authority of the Director' for the purposes of s38(1)(b) and therefore does not provide a statutory defence; (3) prosecutions outside the policy do not automatically amount to abuse justifying permanent stay; matter remitted to Magistrates' Court for appropriate disposition.