The Board appealed dismissal by the magistrates of their complaint that the defendant had failed to comply with an order requiring him to report to a relevant officer after his conviction for driving with excess alcohol. The defendant argued that no proper evidence had been brought that he had been informed of the relevant appointment.
Held: The letter was not a document which was required to be served under the Magistrates Courts rules. Proof of service was required under s24 of the 1988 Act. Under that section the evidence of posting which had been provided was admissible. The case was remitted.
Judges:
Mr Justice Simon Lady Justice Smith DBE
Citations:
[2004] EWHC 1953 (Admin)
Links:
Statutes:
Powers of Criminal Courts (Sentencing) Act 2000, Criminal Justice Act 1988 24(1), Magistrates’ Court Rules 67(1)
Jurisdiction:
England and Wales
Criminal Practice, Magistrates
Updated: 26 May 2022; Ref: scu.230112