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R v Clayton and Dockerty [2014] EWCA Crim 1030 – Ss 179 and 285 TCPA.

1) validity of Enforcement Order cannot be challenged as defence to prosecution for breach or as an abuse of process when application could have been made for Order to be quashed.
- s 285(1) means that where the order is alleged to be invalid for a reason which can be the subject of an appeal, its validity cannot be questioned save on appeal.
2) presumption that D may challenge the validity of an Order by way of defence to a criminal charge within the criminal proceedings was subject to any contrary indication in the relevant legislation.
3) concealment of information by local authority officer does not make it abusive for the authority to prosecute for breach of an Order properly made.
- not the function of the abuse of process doctrine to discipline the wrongdoer.

undefined: unpaid

Legislation