31 May 2010
IQBAL SHAHID AND OTHERS v. SECRETARY FOR JUSTICE
- Citation
- IQBAL SHAHID AND OTHERS v. SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV53/2009
The Court held (1) the prosecutions for s38(1)(b) were caught by the Prosecution Policy immunity and thus should not normally proceed until claims exhausted, (2) entry into recognizances under s36 does not constitute authority by the Director under s13 for the purposes of s38(1)(b) and therefore is not a defence to that offence, and (3) continuation of prosecutions is not automatically an abuse of process entitling to a permanent stay; matters are to be remitted to the Magistrates' Court to be dealt with in accordance with the Policy and this judgment.