Jolley v Director of Public Prosecutions: QBD 5 May 2000

In a trial on a charge of driving with excess alcohol, the prosecutor failed to bring evidence that the computer involved had been working correctly. This was pointed out by the defendant at the close of his case, and the magistrate allowed the prosecutor to bring that evidence. The appeal failed. The court now has a clear general discretion to admit evidence after a case has been closed but before retiring. When using that discretion the justices must test what prejudice might be caused, but this is no longer an exceptional cases only discretion.


Gazette 05-May-2000

Criminal Evidence, Road Traffic, Magistrates

Updated: 09 April 2022; Ref: scu.82573