The defendant appealed against the refusal of the Crown Court to state a case after his conviction for driving over the speed limit.
Held: There was enough before the court to allow it to hear the case as a request for judicial review of the court decision and it proceeded on that basis. The defendant had challenged the assertion by the police that the road was governed by a 30mph speed limit saying that it had not been established, in the absence of signage, that there were street lamps less than 200 yards apart. Defence counsel had refused to say what the limit was, answering that it was for the prosecution to establish the limit. The prosecution had failed to establish what speed restriction if any applied, and the appeal was allowed.
Citations:
[2007] EWHC 3193 (Admin)
Links:
Jurisdiction:
England and Wales
Road Traffic
Updated: 13 August 2022; Ref: scu.271205
