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 a speciment of breath, and the defendant then went on to refuse a blood specimen. At court, and on being told of he situation, the respondent had applied for an amendment to allege failure to supply a blood specimen, and the magistrates acceded.
Held: The magistrates had correctly considered the issues identified in the case of Williams when making such an amendment. Though they had not specifically referred to the issue of delay, it was in their minds. Not every bench would have granted the amendment, but it was not outside the band of reasonable responses. The appeal failed.
Judges:
Foskett J
Citations:
[2013] EWHC 552 (Admin)
Links:
Statutes:
Magistrates Courts Act 1980 123
Citing:
Cited – 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 . .
Cited – 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 . .
Cited – Piglowska v Piglowski HL 24-Jun-1999
No Presumption of House for both Parties
When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 17 November 2022; Ref: scu.472812
