M Najib and Sons Limited v Crown Prosecution Service [2018] EWCA 909 (Crim) – TSEER 2010.
- transmissible spongiform encephalopathy (TSE).
1) unambiguous guilty plea cannot generally be appealed.
- but, conviction unsafe where facts admitted by D do not amount to criminal offence in law.
2) TSEER 2010 did not give inspector power to require the provision of samples.
- “explanatory note” expressly “not part of the Regulations” and has no legal force.
- “explanatory note” may be an aid to interpretation, but only when statutory provision ambiguous.
- not for courts to fill gaps in legislation.
3) person not to be prosecuted except on clear legal authority.
- statutory provisions creating criminal offences should be strictly construed.
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Related case digests
- M Najib and Sons Limited v Crown Prosecution Service (Costs) [2018] EWCA Crim 1554 – TSEER 2010 – s 19 POA – reg 3 CCCGR.
- costs against the prosecution 1) meaning of “unnecessary or improper act or omission”. 2) impossible to say prosecution improperly brought as plainly without legal merit when point at issue identified and decided in P’s favour. 3) but, may become improper for P to resist appeal once flaw in its case identified which it cannot refute.