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Letherbarrow v Warwickshire County Council [2014] EWHC 4820 (Admin) – S 31(1) AWA – s 127(1) MCA - (s 101 LGA).

1) decision under s 31 AWA as to time limit is not whether there is a prima facie case or is within 6 months of P concluding investigations but whether evidence is sufficient to justify prosecution.
2) correspondence was not conclusive as to when P had the requisite knowledge to prosecute.
3) certificate under s 31 may be issued after challenge has been made as to compliance with the statutory time limit.
4) magistrates may accept certificate under s 31(2) but should order disclosure of officer’s report giving rise to it.
5) P is entitled to determine at what level of seniority a decision to prosecute is made.
- although the “prosecutor” may be a collective body, it is the individual with delegated responsibility for deciding whether to prosecute whose thoughts and beliefs are relevant under s 31(1)(b) AWA.

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