- 21
A
B
-
and [46] identified from the authorities the two broad categories of cases
in which civil injunctions in aid of the criminal law had been granted:
C
(1)
Cases where the scale of the criminal penalties available, and
the past or threatened course of conduct of the defendants and
D
others in a similar position, were such that it was apparent that
attempts to enforce the legislation merely by means of
E
prosecutions would not achieve the public interest purpose for
F
A
B
C
D
E
F
which it has been enacted.
G
G
(2)
H
Cases comprising emergency situations in which it was
essential for the courts to intervene at once to prevent the
continuation of an unlawful state of affairs or conduct which
I
H
I
might result in irreversible unlawfulness unless an injunction
J
were granted forthwith.
K
L
M
N
J
K
However, his Lordship at [47] emphasized that the two categories are no
more than illustrations in different contexts of the broad test he had referred
to (see [28] above). It means that the court may grant injunction in aid of
the criminal law when new circumstances so warrant. This reflects the
L
M
N
width and flexibility of the equitable jurisdiction in granting injunctions.
O
P
O
31.
The Secretary has to ensure that it is in the public interest to
seek the civil court’s assistance.
Q
R
P
In Gouriet, Lord Diplock at p 499C-D
emphasized that those matters referred to at [26(1)] may be properly taken
into account by the Attorney General in determining whether the public
Q
R
interest is likely be best served by resorting to this exceptional procedure
S
T
for enforcing the criminal law.
At p 481F-H, Lord Wilberforce listed
some other policy considerations that the Attorney General has to take into
S
T
account, including whether the law will best be served by the threat of the
U
U
V
V