Practice and Procedure

R v ASHLEY MOTE (2007)

PUBLISHED December 21, 2007

[2007] EWCA Crim 3131

In the circumstances it had not been necessary to stay criminal proceedings for offences relating to benefits fraud pending a decision of the Court of First Instance of the European Communities on whether a Member of the European Parliament was entitled to privilege or immunity. A decision of the European Parliament that immunity be waived had been in force, and there was no reasonable likelihood that that decision would be overturned.

CA (Crim Div) (Lord Philips LCJ, Ouseley J, Blake J)