Search Results for: Magistrates Courts Act 1980 123

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Crann v Crown Prosecution Service: Admn 27 Feb 2013

The defendant appealed by case stated against an order allowing the amendment of an information against him. He was first accused of failing to provide a specimen of breath for testing after being stopped and suspected of driving with excess alcohol. The officer had however accepted that he had a proper reason for not providing … Continue reading Crann v Crown Prosecution Service: Admn 27 Feb 2013

Williams v Director of Public Prosecutions: Admn 24 Jul 2009

Thomas LJ said: ‘When the magistrates were faced with the application for an amendment, the law was clear and remains clear. The principles are set out in Section 123 and 127 of the Magistrates’ Court Act [1980] and in the single decision of this court to which it is necessary to refer, R v Scunthorpe … Continue reading Williams v Director of Public Prosecutions: Admn 24 Jul 2009

Shufflebottom v Chief Constable of Greater Manchester: Admn 7 Feb 2003

The magistrates were asked to make a finding against a dog which was kept within their jurisdiction, but where the incident upon which the application was based, had occurred in Scotland. The appellant contended it should have been heard in Scotland because of section 52 of the 1980 Act. Held: The 1871 Act conferred a … Continue reading Shufflebottom v Chief Constable of Greater Manchester: Admn 7 Feb 2003

Musone v Regina: CACD 23 May 2007

A serving prisoner was stabbed to death in his cell. The appellant admitted that he had punched the victim twice but maintained that another man had stabbed him, which explained the incriminating presence of the victim’s blood in the vicinity of the appellant’s cell and on his hand. As the victim lay dying, he uttered, … Continue reading Musone v Regina: CACD 23 May 2007

Regina v Scunthorpe Justices ex parte McPhee and Gallagher: Admn 24 Feb 1998

The defendant faced a charge of robbery. More than six months after the alleged offence the prosecution sought to add alternate charges including one of common assault. The magistrates declined jurisdiction on the ground that, more than six months having elapsed since the date of the offence, new proceedings for the summary offence of common … Continue reading Regina v Scunthorpe Justices ex parte McPhee and Gallagher: Admn 24 Feb 1998

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