Practice and Procedure

R (on the application of GAVIGAN) (Claimant) v ENFIELD MAGISTRATES' COURT (Defendant) & CROWN PROSECUTION SERVICE (Interested party) (2013)

PUBLISHED July 24, 2013

It was not an abuse of process to prosecute an accused for an offence of threatening behaviour arising out of an incident for which he had already been issued with a penalty notice for disorder for a less serious offence, and which he had chosen to contest. There was no principle or policy which required that a person who had rejected a penalty should not be prosecuted for another offence arising from the same set of circumstances.

QBD (Admin) (Aikens LJ, Mitting J)