The applicant sought judicial review of the refusal of the magistrates to state a case for him to appeal to the High Court. He had been convicted of failing to provide a specimen of breath for analysis. The magistrates considered the request frivolous within the 1980 Act. He held, as a finding of fact, that the defendant had not been misled by the form as he claimed to have been.
Held: the request to state a case was frivolous, and was properly refused.
Judges:
The Lord Chief Justice Of England (Lord Bingham Of Cornhill ) And Mr Justice Cresswell
Citations:
[1995] EWHC Admin 3
Links:
Statutes:
Road Traffic Act 1988 7(6), Magistrates Courts Act 1980 111(5)
Jurisdiction:
England and Wales
Citing:
Cited – Director of Public Prosecutions v Billington 1988
. .
Lists of cited by and citing cases may be incomplete.
Magistrates, Road Traffic
Updated: 10 July 2022; Ref: scu.136188