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Criminal litigation

12 July 2007
Issue: 7281 / Categories: Case law , Law digest
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Ewing v Davis [unreported 2 July 2007]

Historically there has never been a requirement that a private prosecutor has to show a public interest where the prosecution is brought under a public general act. Section 6(1) of the Prosecution of Offences Act 1985 neither qualifies nor extends existing rights.

Public interest in a private prosecution is established by the nature of the offence as defined in statute, not by the circumstances leading up to it. R (Gladstone Plc) v Manchester City Magistrates’ Court [2004] EWHC 2806 (Admin), [2005] 2 All ER 56 should not be taken as an invitation to magistrates to examine the circumstances of alleged offences and their relation to the private prosecutor.
 

Issue: 7281 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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