The Director appealed against discharge of their prosecution for abuse of process. On the date fixed for the trial of the Respondent on a charge of driving with excess alcohol in his breath, it was common ground that CCTV footage from the police station was required for the trial. However, the CCTV supplied by the prosecution had not been formatted and could not be played. The prosecution’s application for an adjournment was refused. The Respondent was granted a stay of proceedings on the ground of abuse of process.
Judges:
Gross LJ, Simon J
Citations:
[2015] EWHC 48 (Admin)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Imbeah, Regina (on The Application of) v Willesden Magistrates’ Court and Another QBD 14-Jul-2016
The claimant applied for judicial review of a decision of a Magistrates Court to convict her of driving with excess alcohol. The grounds were that the district judge acted unlawfully in proceeding with the trial without disclosure by the prosecution . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 03 June 2022; Ref: scu.541584
