Appeal by the RSPCA by way of case stated from a decision refusing to hear an information laid by the Society on the basis that it was out of time. The defendant was a horse owner accused of causing suffering in his horse.
Held: Pill LJ said: ‘There is no principle of law that knowledge in a prosecutor begins immediately any employee of that prosecutor has the relevant knowledge and Donnachie does not establish one. It is right that prosecutors are not entitled to shuffle papers between officers or sit on information so as to extend a time limit. There is, however, a degree of judgment involved in bringing a prosecution, and knowledge . . involves an opportunity for those with appropriate skills to consider whether there is sufficient information to justify a prosecution.
It is not disputed that the Society have a department making decisions as to whether to prosecute. That is separate from the role of the investigating officers who obtain information on the ground . . .It is in the public interest that prosecutions are brought only upon a consideration of the evidence by an expert mind . .’
Judges:
Pill LJ, Rafferty J
Citations:
[2009] EWHC 2702 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Riley and Others v Crown Prosecution Service Admn 18-Oct-2016
The defendants appealed by case stated from convictions under the 2006 Act arising from the treatment of cows including at a slaughterhouse. Arguments were put that the prosecution was time barred.
Held: The court recognsed the limited role of . .
Lists of cited by and citing cases may be incomplete.
Animals, Crime
Updated: 05 August 2022; Ref: scu.377565