Malcolm v Director of Public Prosecutions: QBD 27 Feb 2007

Appeal by way of case stated from a decision convicting the Appellant of the offence of driving a motor vehicle on a road when the proportion of alcohol in her breath exceeded the prescribed limit, contrary to section 5(1)(a) of the Road Traffic Act 1988 – whether the magistrates, who had retired to consider their verdict, and had announced their decision adverse to the prosecution on a point raised by Miss Calder in her final speech, were entitled to permit the prosecution to call further evidence to meet that point, as they did.


[2007] EWHC 363 (QB)




England and Wales

Crime, Magistrates

Updated: 13 July 2022; Ref: scu.249242