On the first day of the trial, the complainant was allowed to lead on matters prior to the date of the first allegation. At the adjourned hearing, with a different court clerk, the defendant was not allowed to cross examine the complainant on the same matters. The justices failed to state a case, and so the application was by way of judicial review.
Held: The magistrates should have allowed cross examination. The conviction was quashed.
Citations:
[1999] EWHC Admin 650
Links:
Statutes:
Protection from Harassment Act 1997
Criminal Practice
Updated: 28 May 2022; Ref: scu.139914
