Where on a previous occasion the defendant had been acquitted with a formal verdict, after the prosecution had offered no evidence, it was not open to the prosecution later to return and allege a more serious offence based upon the same facts. The defendant was entitled to the benefit of the plea of autrefois acquit. The Acts made a dismissal equivalent to a finding of not guilty. Earlier decisions to the contrary effect (R v Brookes ([1995] Crim LR 630) was decided per incuriam.
Citations:
Times 25-May-2001, Gazette 14-Jun-2001
Statutes:
Magistrates Courts Act 1980 27, Criminal Justice Act 1967 17, Criminal Procedure and Investigations Act 1996 35
Jurisdiction:
England and Wales
Citing:
Overruled – Regina v Brookes CACD 1995
. .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 05 August 2022; Ref: scu.88463
