Regina v Pearce: CACD 1980

The lack of a required consent by the Attorney General, under section 4(3) of the 1977 Act led to the quashing of the conviction.


(1980) 72 Cr App R 295, (1981) 72 Cr App R 295


Criminal Law Act 1977 4(3)


England and Wales

Cited by:

CitedSeal 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 . .
CitedLalchan, 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.254623