The defendant argued that the written charge in the case had not been issued within the necessary time period. He said that it had not been issued until it was in some way publicly available. The respondent argued that the requirement was satisfied at the point where the relevant prosecutor determined to issue it. The defendant now appealed.
Held: Thought the magistrates had made one, error, the notice was issued in time, and the appeal failed. The new system was not to be read to recreate the old one. However, a charge was issued ‘only when the document comprising the written charge is completed, with all relevant details and in the form needed for service.’
Judges:
Irwin LJ, Stuart-Smith J
Citations:
[2019] EWHC 798 (Admin)
Links:
Statutes:
Magistrates’ Courts Act 1980 127(1)
Jurisdiction:
England and Wales
Criminal Practice, Magistrates
Updated: 09 June 2022; Ref: scu.635204
