The WLR Daily case summaries
[2022] WLR(D) 254
Queen’s Bench Division
Barking and Dagenham London Borough Council v Argos Ltd
Argos Ltd v Barking and Dagenham London Borough Council
Regina (Argos Ltd) v Romford Magistrates’ Court
[2022] EWHC 1398 (Admin)
2022 May 10; June 8
Edis LJ, McGowan J
Magistrates’ court— Summons— Issue of— Prosecutor laying information against retailer alleging summary offence of selling knives to person under 18— Summons issued by magistrates’ court— District judge deciding summons a nullity on basis that information not meeting procedural rule requiring prosecutor to demonstrate compliance with applicable time limit— Whether compliance with procedural rule necessitating specific mention of statutory time limit for prosecution of summary-only offences—
Magistrates' Courts Act 1980 (c 43), s 127
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Crim PR
r 7.2(3)(b)(i)
Crime— Abuse of process— Stay of proceedings— Prosecution of retailer for summary offence of selling knives to person under 18— Whether prosecution abuse of process where retailer complying with formal advice given by local authority on sale of age-restricted products— Whether prosecution precluded by reason of failure to comply with relevant statutory scheme for regulation and enforcement—
Criminal Justice Act 1988 (c 33), s 141A
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Regulatory Enforcement and Sanctions Act 2008 (c 13), s 27(1)(a), Sch 3