- 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

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