The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction.
Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated or judicial review. The date for calculation of the limitation for prosecution was the date on which the odometer had been alleged to have been changed. The prosecutor was the Council.
Judges:
Sedley LJ, Nelson J
Citations:
Times 22-Aug-2007, [2007] EWHC 1846 (Admin), [2007] 1 WLR 3085
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Atkinson v Government of the United States HL 1969
The House heard an appeal from the magistrates’ refusal to commit the accused in the course of extradition proceedings.
Held: There is no abuse of process jurisdiction in extradition proceedings. There is no power to state a case in relation . .
Cited – Regina v Bull CACD 4-Dec-1995
An odometer figure which was stated on the sales slip to be wrong was not s false trade description. . .
Cited – Regina v Clerkenwell Metropolitan Stipendiary Magistrate ex parte Director of Public Prosecutions 1984
A magistrate acting not as an Examining Magistrate, but deciding a preliminary issue as to jurisdiction, gives a ruling which is final and can properly be challenged by way of case stated or judicial review. . .
Cited – Dewing v Cummings 1971
There is no power to state a case in relation to committal proceedings. . .
Cited – John Charles Brooks v Club Continental 13-Oct-1981
The trading standards officer of the relevant authority and who wished to bring the complaint had been unsure as to the identity of the offender, because he was dealing with a corporate defendant and a number of possible candidates as the proposed . .
Cited – Newman and others v London Borough of Hackney 1982
The court considered the distinction between section 1(1)(a) and 1(1)(b) of the Trade Descriptions Act: ‘In my judgment, there is world of difference between the two offences. It is perfectly true that the application of a false trade description . .
Cited – Tesco Stores Ltd v London Borough of Harrow Admn 21-Nov-2003
The court considered at what point the knowledge of the prosecuting authorities became sufficient to begin time running on a prosecution: ‘The question to ask in these circumstances is whether the facts disclosed, objectively considered, would have . .
Cited – Wayne Swan v Vehicle Inspectorate Admn 11-Nov-1996
The Time limit for commencing a prosecution doesn’t begin to run until a person authorised to prosecute is told of the circumstances. A traffic examiner, not authorised to take a decision to prosecute could not be the ‘prosecutor’ under section 6 of . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 December 2022; Ref: scu.258431
