The defendant appealed against her conviction for driving with excess alcohol. The justices had retired and began to announce their decision on one point of law. Defence counsel then raised another matter in closing, and the magistrates allowed the prosecution further opportunity to bring evidence.
Held: The magistrates had this discretion, and the appeal failed. The action by the defence was a classic improper ambush defence, and was so exceptional as to allow the magistrates to act as they had.
Judges:
Maurice lKay LJ, Stanley Burnton J
Citations:
Times 04-Apr-2007, [2007] EWHC 363 (Admin)
Links:
Cited by:
Cited – James v Director of Public Prosecutions Admn 13-Nov-2015
The appellant challenged her conviction for failing to comply with conditions imposed on a public demonstration. Her demonstration outside the Royal Courts of Justice had brought traffic to a standstill. At trial she had been refused permission to . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Magistrates
Updated: 10 July 2022; Ref: scu.249380