Source: All England Reporter
Publisher Citation: [2012] All ER (D) 163 (Jan)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Richards LJ and Cranston J (judgment delivered extempore)

Representation John Thackray (instructed by Legal Services Department, East Riding of Yorkshire Council) for the authority.
  Craig Hassall (instructed by Amber Solicitors, Hull) for the respondent.
Judgment Dates: 27 January 2012

Catchwords

Criminal law - Trial - Stay of proceedings - Abuse of process - Respondent providing taxi service to local authority investigating officer in breach of licensing laws - Respondent unaware that passenger being investigating officer - No other evidence of criminal activity - Justices finding actions of authority being excessive - Justices ordering stay of proceedings - Whether justices erring in finding conduct going beyond simply providing respondent with opportunity to commit crime.

The Case

Criminal law Trial. The Administrative Court, in allowing the appellant local authority's appeal, held that the justices had erred in law in finding that the conduct of the authority's investigating officer had gone beyond simply providing the respondent with an opportunity to commit a crime in circumstances where the respondent had provided a taxi service to the officer in breach of licensing laws.

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