Abuse of process challenge forces CPS to drop ULEZ fraud case
Markus Findlay and Anna Ford of Shearman Bowen have successfully compelled the Crown Prosecution Service (CPS) to discontinue a fraud case against their client, who was accused of evading Ultra Low Emission Zone (ULEZ) charges.
The client, a nearly retired emergency worker, was the target of an undercover investigation led by an off-duty police officer from a Road Safety Unit. In late 2023, the officer observed that the number plate of the client’s vehicle was partially obscured while driving near the ULEZ boundary. Over the next four months, the officer attended the client’s home on three separate occasions to secretly photograph the vehicle.
It later emerged that the officer had also shared images of the number plate on social media while the investigation was still live. The post, which suggested the client could face a two-year prison sentence, went viral, accumulating almost 150,000 views.
Anna identified early on that the officer’s conduct may amount to an abuse of process. Her disclosure requests also revealed the extent of the clandestine investigation which she highlighted in her representations to the CPS.
Markus drafted robust submissions arguing that the case should be stayed as a ‘category 2’ abuse of process, as proceeding to trial would “offend the court’s sense of justice and propriety.” He asserted that the officer’s conduct was unjust and an improper use of executive power for the following reasons:
- The off-duty investigation damaged the integrity of the police force and eroded public trust
- The investigation was disproportionate
- There was a clear lack of impartiality and oversight
- The officer's social media post was an unauthorised disclosure of confidential information
Following a review of the representations and the legal arguments, the CPS confirmed that the case would not proceed. The client was relieved to have preserved his good character.