Wandsworth v Rashid: Admn 10 Jun 2009

The prosecutor (for the local authority) appealed against a termination of the prosecution as an abuse of process.
Held: The Magistrates were wrong to have found that the prosecution was an abuse of process. Though, the prosecuting local authority’s waste management enforcement policy allowed for courses of action other than prosecution, it was for the authority to decide when to prosecute, and it was only when an abuse was plainly shown that a court should intervene.

Judges:

Pill LJ, Cranston J

Citations:

[2009] EWHC 1844 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 43

Criminal Practice

Updated: 30 July 2022; Ref: scu.372669