The defendant had been cautioned by the police for an assault on the claimant. The claimant then began a private prosecution which the magistrates stayed as an abuse of process.
Held: The caution administered was not simply a conviction so as to found a defence of autrefois convict. ‘the justices have approached the question of abuse on a false legal premise.’ The form of notice given to the defendant was misleading, but ‘the fact that the caution included no proviso, as it should have done, about possible proceedings by the victim, is [not] sufficient to render the exercise of the right of private prosecution an abuse of process. ‘
Judges:
Sedley LJ, Beatson J
Citations:
[2005] EWHC 931 (Admin)
Links:
Citing:
Cited – Regina v Croydon Justices Ex Parte Dean QBD 9-Mar-1993
The applicant a 17 year old assisted the police in a murder investigation on the understanding, induced by the police, that he would not himself be prosecuted. Some weeks later, at the instance of the CPS, the applicant was charged with a lesser . .
Cited – Hayter v L and Another QBD 3-Feb-1998
A private prosecution of a youth for an offence after he had accepted a caution was not an abuse of process, since the cautioner had warned him of the possibility. Poole J said: ‘The right of private prosecutions is subject to a number of procedural . .
Cited by:
Cited – Jones v Whalley HL 26-Jul-2006
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process.
Held: The defendant’s appeal . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Magistrates
Updated: 04 July 2022; Ref: scu.235181