The court confirmed the continued right of private prosecution. Watkins LJ set out section 6 of the 1985 Act and observed: ‘These provisions clearly envisage that persons other than the Director may institute proceedings and prosecute. As Mr Lawson said, and I accept, it would indeed be surprising if that were not so. One has only to consider the role of the Post Office, the Department of Health and Social Security, the Inland Revenue Commissioners, local authorities, the RSPCA, apart altogether from the Customs and Excise Commissioners, in the process of investigation and prosecution of offences to appreciate immediately that the Crown Prosecution Service, under severe strain as it is, could not bear their burdens too. Parliament cannot possibly, in my view, have intended to bring about such a consequence.’
Judges:
Watkins LJ
Citations:
[1991] 2 QB 339, [1991] 2 All ER 201, [1990] Crim LR 742, [1990] 3 WLR 656, (1990) 154 JP 865
Statutes:
Prosecution of Offences Act 1985 3(2)(a)
Jurisdiction:
England and Wales
Cited by:
Cited – Scopelight Ltd and Others v Chief of Police for Northumbria CA 5-Nov-2009
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant.
Held: The . .
Cited – Scopelight Ltd and Others v Chief of Police for Northumbria CA 5-Nov-2009
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant.
Held: The . .
Cited – Gujra, Regina (on The Application of) v Crown Prosecution Service SC 14-Nov-2012
The appellant had twice begun private prosecutions only to have them taken over by the CPS and discontinued. He complained that a change in their policy on such interventions interfered with his statutory and constitutional right to bring such a . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 09 November 2022; Ref: scu.377731
