Moss & Son Ltd v Crown Prosecution Service [2012] EWHC 3658 (Admin) – Gangmasters (Licensing) Act 2004.
1) prosecution policy should be clear and comprehensive.
2) challenge to decision to prosecute must be made in the proceedings wherever possible and hence by way of an application to stay for abuse of process.
- such challenge by judicial review only available in exceptional cases.
3) even if decision to prosecute is in breach of prosecution policy it will not be an abuse of process unless the decision was also oppressive.
4) discretion to prosecute should be in hands of a person independent of the Executive Government or Agency.
- arguable that court should apply more stringent standard to prosecution policy devised and implemented by the Executive Government or Agency.
5) independence of local authority decision to prosecute.
6) Not oppressive to prosecute D for an offence of which he had no knowledge where offence of strict liability with due diligence defence.
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