The failure to obtain the consent of the Director of Public Prosecutions to a prosecution under section 8 of the Sexual Offences Act 1967 rendered the whole of the trial, including the committal proceedings, a complete nullity.
Judges:
Lord Parker LCJ
Citations:
[1968] 1 WLR 669, (1968) 52 Cr App R 280
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Patel and others v London Borough of Brent CA 25-May-2005
Application for return of deposit made to secure commencement of road works on development. . .
Cited – Seal v Chief Constable of South Wales Police HL 4-Jul-2007
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial . .
Cited – Lalchan, Regina v CACD 27-May-2022
Conviction withoiut required Consent was Unsafe
Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained.
Held: The appellant’s arguments were well-founded and his conviction on . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 30 June 2022; Ref: scu.226021