The Time limit for commencing a prosecution doesn’t begin to run until a person authorised to prosecute is told of the circumstances. A traffic examiner, not authorised to take a decision to prosecute could not be the ‘prosecutor’ under section 6 of the Road Traffic Offenders Act 1988.
Citations:
Gazette 15-Jan-1997, Times 11-Dec-1996, [1996] EWHC Admin 219
Links:
Statutes:
Road Traffic Offenders Act 1988 6(1)
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.
Criminal Practice, Road Traffic
Updated: 25 May 2022; Ref: scu.136767