ABSTRACT

The court does not take lightly to any attempt to manipulate its process in order to secure a prosecution: R v Brentford JJ ex p Wong [1981] 1 QB 445. The court on a judicial review application was extremely scathing of the actions of the prosecution in laying an information only two days before the statutory limitation period of six months simply to gain time. The alleged offences had been committed on 30 January 1978 and informations for careless driving, inter alia, were laid on 28 July, although no decision to prosecute had actually been made. Such a decision was eventually made in October and a letter dated 28 October informed the applicant of the decision. Summonses were not served until December. On an application for prohibition, the court held that the actions of the prosecution amounted to a deliberate manipulation of the process of the court.