![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
England and Wales Court of Appeal (Criminal Division) Decisions |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> City of York Council, R (On the Application Of) v AUH & Ors [2022] EWCA Crim 1113 (09 August 2022) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2022/1113.html Cite as: [2023] 1 Cr App R 9, [2022] EWCA Crim 1113, [2023] WLR 106, [2023] 1 WLR 106, [2022] CTLC 151, [2022] WLR(D) 432 |
[New search]
[Context]
[View without highlighting]
[Printable PDF version]
[Buy ICLR report: [2023] 1 WLR 106]
[View ICLR summary: [2022] WLR(D) 432]
[Help]
![]() ![]() ![]() ![]() ![]() ![]() ![]() | ||
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
CRIMINAL
DIVISION)
ON APPEAL FROM THE CROWN COURT AT BRADFORD
His Honour Judge Burn
ON APPEAL FROM THE CROWN COURT AT SNARESBROOK
His Honour Judge Southern
Strand, London, WC2A 2LL |
||
![]() |
B e f o r
e :
MR JUSTICE JEREMY BAKER
and
MRS JUSTICE CUTTS
____________________
THE QUEEN (CITY OF YORK COUNCIL) |
Applicant |
|
- and - |
||
(1) ![]() (2) ![]() (3) AQE (4) BNZ (5) ABU (6) BPC |
![]() | |
THE QUEEN (BIRMINGHAM CITY COUNCIL) |
![]() | |
-and- |
||
(7) BIY (8) ARA |
Applicants |
|
-and- |
||
THE SECRETARY OF STATE FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY |
Intervener |
____________________
Anthony Barraclough and Paul Wood (instructed by Keith Dyson Solicitors) for the First Respondent
Nina Grahame QC and Charlotte Atherton (instructed by Keith Dyson Solicitors) for the Second
Respondent
Richard
Kovalevsky QC and Charlotte
Ritchie
(instructed by Precedence Law and Cohen & Gresser LLP) for the Third
Respondent
Peter Killen (instructed by Mark Jones & Partners) for the Fourth
Respondent
Charles Miskin QC (instructed by JMW Solicitors) for the Fifth
Respondent
Lucy Wright (instructed by Olliers Solicitors) for the Sixth
Respondent
Richard
Barraclough QC and Joseph Millington appeared on behalf of Birmingham City Council
Sallie Bennett-Jenkins QC and Daniel Chadwick (instructed by Edward Fail, Bradshaw & Waterson) for the Seventh Respondent
Lewis MacDonald (instructed by Edward Fail, Bradshaw & Waterson) for the Eighth
Respondent
Duncan Penny QC and Jonathan Lewis appeared on behalf of the Intervener
Hearing date: 20 July 2022
____________________
VERSION
OF APPROVED JUDGMENT
Crown Copyright ©
This judgment was handed down remotely
by circulation to the parties'
representatives
by email and
release
to The National Archives. The date and time for hand-down is deemed to be 10am on 9 August
2022.
Lord Burnett of Maldon CJ:
The York Case
The Birmingham Case
Statutory provisions
"(1) Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area—
(a) they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name, and
(b) they may, in their own name, makerepresentations
in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body under any enactment."
"A local weights and measures authority in England or Wales may bring proceedings for a consumer offence allegedly committed in a part of England or Wales which is outside that authority's area."
Competing submissions
"Government also needs to tear down the bureaucratic barriers that prevent enforcers from operating efficiently across local authority boundaries, so that Trading Standards can be organisedregionally
and nationally as well as locally."
Discussion
"22. … I accept that section 30 confers an express power upon local authorities to prosecute under the Act and, of course, a local authority is a creature of statute. It seems to me, however, that this express provision is included so as to avoid any suggestion that a local authority has power to prosecute under the 2006 Act only if therequirements
of section 222 of the Local Government Act 1972 are satisfied. Section 222 of the 1972 Act empowers a local authority to prosecute only if it considers it expedient for the promotion or protection of the interests of inhabitants in its area. If section 30 of the 2006 Act did not exist there might be scope for considerable argument about whether a local authority could satisfy section 222 of the 1972 Act if it decided to prosecute in an animal welfare case. Section 30
removes
the scope for such argument and in my judgment is included within the 2006 Act deliberately so as to
remove
the scope for such an argument."
Conclusion