[2009] EWHC 1844 (Admin)

A magistrates' court had been wrong to find that a prosecution under the Environmental Protection Act 1990 s.34 was an abuse of process. Although the prosecuting local authority's waste management enforcement policy allowed for courses of action other than prosecution, it was for it to decide when to prosecute, and it was only when an abuse was plainly shown that a court should intervene.

DC (Pill LJ, Cranston J)

10/06/2009