Harrison, Regina (on the Application Of) v Flintshire Magistrates’ Court: Admn 13 Oct 2004

The defendant had been convicted of speeding. At the time the road was thought to be subject to the 30 mph limit but was in fact subject only to the national speed limit. Her solicitors had delayed their application for judicial review.
Held: ‘Where an unjust sentence has been imposed upon a claimant, then, notwithstanding the very long period of delay that has elapsed since she learnt about it, it would, in my view, be unjust to deprive her of relief on that ground alone. ‘ She would however have still been subject to prosecution for traveling in excess of the national speed limit. The sentence was quashed and the matter remitted to the magistrates for recitification and re-sentence.
[2004] EWHC 2456 (Admin)
Road Traffic Regulation Act 1984 81(1) 89(1), Magistrates Courts Act 1980 142(1)

Updated: 24 January 2021; Ref: scu.226905