R v Wicks [1997]

Relevant
to collateral attack exception –
Recognised
that availability of collateral attack could be restricted by statute.
W
charged with failing to take steps required by enforcement notice under
planning legislation.
Raised
defence that decision to serve notice was ultra vires.
Question
for court – was it possible to challenge administrative decision in criminal
case (ie make collateral attack on decision), or would he have to do it through
JR?
House
of Lords held it was open to Parliament to restrict such collateral challenges,
and question depended on construction of statute under which prosecution
brought.
Statute
might allow any public law claim to be raised collaterally by way of defence.
Or
might not.
In
latter case, only formal validity of act was of relevance before court in a
prosecution.