Court of Appeal refuses leave to appeal in ‘authority to prosecute’ case

The Court of Appeal has refused to grant a certificate of general public interest and leave to appeal to the Supreme Court in an authority to prosecute case involving two city councils, it has been reported.

In their appeal defendants prosecuted by Birmingham City Council for illegal money lending and associated offences had argued that the authority did not have authority to prosecute them.

Barristers' chambers Six Pump Court said that the Court of Appeal concluded that a local authority has authority to prosecute these offences without having to consider the S172 expediency test and does not require the consent of the DPP before prosecuting.

Richard Barraclough KC of Six Pump Court leading Joseph Millington of St Philips Barristers appeared for Birmingham City Council.

See also:

Local council has authority to prosecute illegal money lending and associated offences: Six Pump Court’s summary of the case

Court of Appeal finds council conducted Crown Court litigation through individual who was neither authorised nor exempt: Local Government Lawyer