Page 546 - Magistrates Conference 2019
P. 546

EXAMPLES OF MISUSE/MANIPULATION




                                                            (7)Private Prosecution








                                                                      Jones v Whalley [2007] 1 AC 6



                                                                      • It was held that a private prosecution


                                                                          could be regarded as an abuse of the



                                                                          process of the magistrates' court where


                                                                          a D had agreed to be formally


                                                                          cautioned by the police on the


                                                                          assurance that, if he agreed, he would


                                                                          not have to go before a criminal court.
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