The court considered at what point the knowledge of the prosecuting authorities became sufficient to begin time running on a prosecution: ‘The question to ask in these circumstances is whether the facts disclosed, objectively considered, would have lead the prosecuting authority to have reasonable grounds to believe that an offence had been committed by a person identified to it. Discovering the offence should be taken to mean discovering grounds sufficient to found a reasonable belief that an offence has been committed.’
Judges:
Newman J
Citations:
[2003] EWHC 2919 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Adopted – John Charles Brooks v Club Continental 13-Oct-1981
The trading standards officer of the relevant authority and who wished to bring the complaint had been unsure as to the identity of the offender, because he was dealing with a corporate defendant and a number of possible candidates as the proposed . .
Cited by:
Cited – Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court Admn 27-Jul-2007
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction.
Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his . .
Lists of cited by and citing cases may be incomplete.
Consumer, Crime
Updated: 08 June 2022; Ref: scu.189138