City of York Council, Regina (on The Application of) v Auh and Others: CACD 9 Aug 2022

Does paragraph 46(1) of schedule 5 to the Consumer Rights Act 2015 (‘the 2015 Act’) confer power upon a local authority to prosecute consumer offences irrespective of a connection with the area? Alternatively, is that power governed by section 222(1) of the Local Government Act 1972 (‘the 1972 Act’) (a general power to prosecute and defend criminal and civil proceedings) which enables them to do so only when they consider it expedient for the promotion or protection of the interests of the inhabitants of their area?

Judges:

The Lord Chief Justice of England and Wales
Mr Justice Jeremy Baker
And
Mrs Justice Cutts

Citations:

[2022] EWCA Crim 1113

Links:

Bailii

Statutes:

Consumer Rights Act 2015

Jurisdiction:

England and Wales

Crime, Local Government

Updated: 14 October 2022; Ref: scu.681557