The defendant had given a positive breath test. The laboratory test showed a urine/alcohol proportion above the prescribed limit. He was warned that proceedings were possible. The summons was issued within the six months’ period prescribed by the Act, but service was delayed for over two years. He objected that any hearing would be contrary to the rules of natural justice and prejudicial.
Held: The delay was inordinate, and due to the police’s non-observance or inefficiency or both; it was both unjustified and unnecessary, and of such length as to be unconscionable. It could not be said that he was not prejudiced thereby, and the justices were not justified in exercising any discretion. Accordingly, prohibition was granted to prohibit them from continuing the hearing.
Judges:
Lord Lane CJ
Citations:
(1982) 75 Cr App R 200
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Chichester Justices ex parte Crowther Admn 14-Oct-1998
The defendant sought judicial review of an order made in 1998 issuing a warrant for his committal for failure to pay a confiscation order made in 1991. He had served 6 years imprisonment, and in default of payment a further 18 months. He was . .
Cited – Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Road Traffic, Natural Justice
Updated: 09 May 2022; Ref: scu.187182