R v Lalchan

Subject Matter

CRIME — Public order — Institution of proceedings — Defendant charged with acts intended or likely to stir up racial hatred — Statutory prohibition on instituting prosecution without consent of Attorney General — Attorney General’s consent obtained only after conviction — Whether failure to obtain Attorney General’s consent before initiating proceedings rendering proceedings invalid — Public Order Act 1986 (c 64), s 27(1)

[2022] EWCA Crim 736; [2022] QB 680; [2022] 3 WLR 385; [2022] 2 Cr App R 12; [2022] WLR(D) 235, CA

Commentary

Blackstones Criminal Practice 2025
Offences of Stirring Up Racial Hatred - Using Words or Behaviour or Displaying Written Material Stirring Up Racial Hatred - Procedure B11.80

The Decision to Prosecute - Cases where Consent is Required - Offences Requiring Consent D2.17

Allocation of Business - Matters Dealt with by the Full Court D26.3

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