The prosecutor Agency appealed by way of case stated against a decision refusing to allow them to admit documentary evidence.
Held: The appeal was dismissed, but the court took the opportunity to say that a case stated did not need as in this case to set out the full details of some 200 informations which did not affect the ruling. A case stated should set out the facts as found or accepted. The magistrates should if necessary seek assistance from the advocates in drafting the agreed statement of facts, and setting out any areas of disagreement.
Judges:
Kennedy LJ, MacKay J
Citations:
[2003] EWHC 2879 (Admin), Times 05-Dec-2003
Links:
Statutes:
Citing:
Cited – Regina v Foxley CACD 9-Feb-1995
Written statements can be admissible at trial with the protections given by the section without being supported by oral evidence. An inference of the personal knowledge of the maker of statement is permissible. . .
Lists of cited by and citing cases may be incomplete.
Evidence, Licensing, Transport, Magistrates
Updated: 08 June 2022; Ref: scu.188529
