Local authority entitled to prosecute ‘out of area’ in illegal money lending case
September 28, 2022
Richard Barraclough KC leading Joseph Millington instructed by Simon Mortimer of Birmingham City Council have succeeded in resisting an appeal by defendants in an illegal money lending case.
The defendants argued that the prosecuting authority was not entitled to prosecute out of area unless S222 Local Government Act 1972 expediency test was met. The Lord Chief Justice has ruled that the power to prosecute such cases is a free standing power.
There remains further issues to be decided by the Court namely whether despite the fact that the power to prosecute is free standing nevertheless the consent of the DPP for a prosecution is required and whether a “consumer offence” includes associated offences such as conspiracy and Proceeds of Crime. The case is part of conjoined appeal involving NTSB, the Government intervening.
The judgment is available here available here