The defendant had lit a bonfire. The smoke left his garden and blew across the road. An accident occurred. The prosecution appealed dismissal of a charge against him on the ground that they sought an amended charge after closure of their case and it was now outside the six month limit.
Held: The appeal failed. The Magistrates had clearly had in mind and applied the Scunthorpe Justices test. They had a discretion, and had used it.
Judges:
Richards J
Citations:
(2005) 169 JP 345, [2005] EWHC 1124 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
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 by:
Cited – Ashton , Regina v; Regina v Draz; Regina v O’Reilly CACD 5-Apr-2006
The court considered three appeals where there had been a procedural irregularity, and where the judge had taken some step to overcome that irregularity. In two cases the Crown Court judge had reconstituted himself as a district judge to correct a . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 30 June 2022; Ref: scu.226106