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Boddington v British Transport Police

[1999] 2 AC 143

Case summary last updated at 05/01/2020 15:32 by the Oxbridge Notes in-house law team.

Judgement for the case Boddington v British Transport Police

D was smoking on a train where it had been banned under delegated legislation but argued that that ban exceeded the powers conferred on the PA that issued the by-law. HL held the ban as lawful. However it noted that in criminal charges it is a defence to claim that the delegated legislation criminalising the act in question is ultra vires (i.e. unlawful, whether this was on the basis of procedural or substantive review). 
Lord Lairg: “only the clear language of a statute could take away the right of a defendant in criminal proceedings to challenge the lawfulness of a byelaw or administrative decision where his prosecution is premised on its validity.” 

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