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
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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)

24/07/2013

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