Stratford-On-Avon District Council v Dyde [2009] EWHC 3011 (Admin) – S 67(1) LGMPA 1976 - s 78 PACE – Part 1 CrimPR - TPCA.
- taxi fare – evidence of undercover officers
1) danger of hearing submissions on exclusion of evidence without hearing any evidence.
2) defence ambush – application to exclude evidence made without notice was contrary to the overriding objective in Part 1 CrimPR.
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Related case digests
- R v Loosely; Attorney General's Reference (No 3 of 2000) [2001] 1 WLR 2060 - HRA - article 6 ECHR - s 78 PACE.
- entrapment - agent provocateur. - under cover officers - incitement - abuse of process. - fair trial - exclusion of evidence . - not abuse if D presented with no more than an unexceptional opportunity to offend. - is abuse to offer inducements not ordinarily associated with the type of offending. - Cooper v Westminster City Council [1997] COD 16.
- defence ambush - technical points. 1) P's resolution to adopt an Act, and its advertising of it, cannot be inferred. 2) issues between the parties to be identified before the trial. - notice to be given of technical points - if not, an adjournment is likely. - Nottingham City Council v Amin [2000] 1 WLR 1071 - S 78 PACE - s 45 TPCA.
- unfairness. - entrapment. - agent provocateur. - unobjectionable for officer to give D unpressurised opportunity to break the law. - East Riding of Yorkshire Council v Dearlove [2012] EWHC 278 (Admin) – LGMPA - LA 2003.
- abuse of process, unfairness. 1) not impermissible entrapment where test purchaser acts as an ordinary member of the public would do. 2) the making of a test purchase does not require P to have reasonable grounds for believing an offence has occurred.