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:
Statutes:
Environmental Protection Act 1990 43
Criminal Practice
Updated: 30 July 2022; Ref: scu.372669
