R v Allen [2008] EWCA Crim 835 – S 39 CJA 1988, s 127 MCA - s 47 OAPA.
- statutory interpretation – time limits - related offences – abuse of process.
1) not wrong for judge to include alternative offence on indictment when statute required such alternative to be left to jury.
2) statutory time limit applicable to the commencement of particular proceedings was not relevant to the time within which an alternative offence was charged unless the statute so stated.
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Related case digests
- R v J [2004] UKHL 42 – Ss 6(1), 14(1), 37(2) and Schedule 2 SOA 1956.
- statutory interpretation – time limits - related offences – abuse of process. 1) a statute cannot be construed by reference to an extraneous legal instrument. - the court must give effect to all the provisions of a statute. - the court must give effect to a clear and unambiguous statutory provision. 2) unlawful sexual intercourse with a girl under 16, contrary to s 6 SOA 1956, may not be charged as an indecent assault, contrary to s 12, when the time limit to prosecute under s 6 has expired. - statutory time limit for a specific offence may not be circumvented by prosecuting another offence under the same statute alleging exactly the same conduct. 3) allowing a prosecution under s 14 to avoid the time limit applicable to s 6 would amount to a fraud upon an Act – acting in fraudem legis.