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