Private Prosecution: Abuse of Process: Jones v Whalley [2006] UKHL 41

W appealed against the decision of the Divisional Court (Jones v Whalley [2005] EWHC 931) that the administration and acceptance of a police caution in respect of an offence were not sufficient to render the exercise of the right of private prosecution an abuse of process. W had assaulted and injured the respondent, J, in May 2003. An officer from Greater Manchester Police interviewed W in relation to an offence of assault occasioning actual bodily harm, which W admitted. The officer decided that W should be cautioned rather than prosecuted. W was issued with a standard caution and agreed to be cautioned on its terms—that acceptance meant that he would not have to go before a criminal court.