The defendant was charged with both a summary and an indictable offence, and was committed to the crown court for trial. At the crown court the indictable offence was withdrawn at the close of the prosecution case. The defendant said that the remaining summary case should have been remitted to the magistrates.
Held: Section 40 was procedural only. It was not necessary to remit the summary case to the magistrates.
Judges:
Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Wilkie and Mr Justice Openshaw
Citations:
Times 21-Apr-2008
Statutes:
Jurisdiction:
England and Wales
Crime
Updated: 24 July 2022; Ref: scu.268786