Downes v Royal Society for the Prevention of Cruelty to Animals [2017] EWHC 3622 (Admin) – S 31 AWA – s 111(1) MCA.
1) appeals by case stated only possible after final determination in magistrates’ court such as conviction, acquittal or decision declining jurisdiction. - decision affirming jurisdiction is not final as proceedings will continue.
2) conclusiveness of s 31 AWA certificate governed by R v Woodward.
3) challenge to 31 AWA certificate should generally be taken only once. - given the certificate’s conclusive nature, a lengthy evidential inquiry is seldom proper.
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Related case digests
- R v Woodward [2017] EWHC 1008 (Admin) – S 31 AWA.
- animal welfare — time limits for prosecutions — meaning of “prosecutor”. 1) the “prosecutor” in s 31 AWA was the individual responsible for deciding whether to prosecute. 2) the prosecutor’s decision under s 31(1)(b) is not whether there is sufficient evidence for a prima facie case, but whether the evidence is sufficient to justify a prosecution. 3) defective certificate may be replaced by subsequent ones the validity of which must be considered on their face. 4) even if certificates unreliable, P may still prove, on the evidence, that prosecution brought in time.