Barking and Dagenham London Borough Council v Argos Ltd

Additional names

Argos Ltd v Barking and Dagenham London Borough Council
R (Argos Ltd) v Romford Magistrates’ Court

Subject Matter

MAGISTRATES' COURT — Information — Nullity — Prosecutor laying information alleging summary only offence — Whether information required to refer to statutory time limit for commencing proceedings for summary only offences — Whether failure to comply with such requirement rendering information nullity — Magistrates’ Courts Act 1980 (c 43), s 127 — Crim PR r 7.2(3)(b)(i)

[2022] EWHC 1398 (Admin); [2023] 1 WLR 77; [2022] 2 Cr App R 16; [2022] WLR(D) 254, DC

CRIME — Abuse of process — Stay of proceedings — Prosecution of retailer for summary offence of selling knives to person under 18 — Whether abuse of process where retailer complying with advice given by primary authority — Criminal Justice Act 1988 (c 33), s 141A — Regulatory Enforcement and Sanctions Act 2008 (c 13), Sch 3

[2022] EWHC 1398 (Admin); [2023] 1 WLR 77; [2022] 2 Cr App R 16; [2022] WLR(D) 254, DC

Commentary

Local Government Lawyer
Divisional Court rejects bid by major retailer to have knife sale case thrown out as abuse of process Case comment

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