In a private prosecution Mr Phillips alleged that Mr Monson, President of the Church of Jesus Christ of Latter-Day Saints had contravened the Fraud Act 2006 by asking members of the Church to make financial contributions while at the same time knowingly promoting theological doctrines which ‘might be untrue or misleading’. At the hearing as to the merits, the Chief Magistrate directed that the summons should be withdrawn. There were several elements to consider: whether the offence was known to law and, if so, whether the essential ingredients of the offence were present prima facie; whether the court had jurisdiction; whether the informant had the necessary authority to prosecute; whether the summons was out of time; and whether the allegation was vexatious. He concluded that the complaint of dishonest doctrinal claims was too tenuous a basis on which to found a criminal prosecution and that the private prosecution was an abuse of process. Moreover, issues of the truth or falsity of religious doctrines were non-justiciable. [Frank Cranmer]
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