R (Baron’s Pub Company Limited) v Staines Magistrates’ Court and Runnymede Borough Council [2013] EWHC 898 (Admin) – Reg 17 FHER – s 40 FSA.
1) no power for magistrates to review decision to prosecute other than, in exceptional cases, as an abuse of process in the criminal proceedings.
2) P must follow its own enforcement policy.
3) proof of oppression is essential for abuse of process application to succeed.
- if good reason for prosecution, fact that P is in breach of its enforcement policy will not, in absence of oppression, stay prosecution.
4) mitigating factors not relevant to abuse of process.
5) challenge to decisions to prosecute should be rare as delay caused thereby was inimical to the proper administration of justice
6) generally not in public interest for P’s internal prosecution report to be disclosed to D.
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