Corporate Crime—time limits for commencing prosecutions should be specified in applications for a summons (FSA v Bakers of Nailsea)

Article summary

Corporate Crime analysis: A ruling in the magistrates’ court was that three sets of information under the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013) were invalid for failure to demonstrate that the application was in time, contrary to rule 7.2(3) of the Criminal Procedure Rules (CrimPR). The Food Standards Agency (FSA) had conceded non-compliance with the rule even though the applications were made in time. District Judge Taylor decided that he had no jurisdiction to try the case. The FSA appealed by way of case stated. The FSA argued that its concessions had been wrongly made, that CrimPR, r 7.2(3) had been complied with and as the applications had been made with authority and in time, the prosecution should continue. The Administrative Court held that the circumstances should be exceptional in which an informed concession should be withdrawn. There were no exceptional circumstances. The court also decided that the concession...