AB and Others, Regina v: CACD 28 Apr 2017

The defendants challenged the power of the local authority to maintain a private prosecution of them on counts of alleged fraud. It was purpotrting to act in effect as a profit making branch of the local authority offering such legal services to CPS.
Held: The Council had no such power, though the prosecution had now been taken over by the DPP: ‘It is in the public interest that major prosecutions such as this are handled by the single prosecuting agency established by statute to conduct them.’

Judges:

Lord Thomas LCJ, Carr DBE, Gilbart JJ

Citations:

[2017] EWCA Crim 534

Links:

Bailii

Statutes:

Local Government Act 1972 222, Criminal Procedure and Investigations Act 1996 29(1)

Jurisdiction:

England and Wales

Criminal Practice, Local Government

Updated: 26 March 2022; Ref: scu.584245