Director of Public Prosecutions, R (on the application of) v Chorley Justices & Anor

Director of Public Prosecutions, R (on the application of) v Chorley Justices & Anor

The Justices should have stated a case as a clear point of law arose regarding the proper service of the analyst's certificate; their refusal was not justified. The matter is remitted to the Justices to state a case for the opinion of the court on the relevant issues of fact and law.

Parties
Claimant: Director of Public Prosecutions; First Defendant: Chorley Justices; Second Defendant: Andrew Forrest
Jurisdiction
England and Wales
Judgment Date
08 June 2006
Procedural Posture
Judicial Review / Application for Case Stated / Application for Order Directing Justices to State a Case
Outcome
Application granted; Justices directed to state a case; costs awarded against second defendant.
Legal Topics
Service of Documents, Interpretation of Statutory Provisions, Case Management, Costs
Criminal Law Judicial Review Procedure Service of Documents Interpretation of Statutory Provisions Case Management Costs

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Chorley Justices

First Defendant

Andrew Forrest

Second Defendant

Procedural Posture

Judicial Review / Application for Case Stated / Application for Order Directing Justices to State a Case

Legal Issues

  1. 1 Whether the Justices erred in refusing to state a case on the issue of proper service of an analyst's certificate under the Road Traffic Act 1988
  2. 2 Whether the address on the envelope was 'properly addressed' within the meaning of the Interpretation Act 1978 and Road Traffic Act 1988
  3. 3 Whether the refusal to state a case was reasonable or frivolous

Ratio Decidendi

The Justices should have stated a case as a clear point of law arose regarding the proper service of the analyst's certificate; their refusal was not justified. The matter is remitted to the Justices to state a case for the opinion of the court on the relevant issues of fact and law.

Court Disposition

Application granted; Justices directed to state a case; costs awarded against second defendant.

Orders

  • Chorley Justices to state a case for the opinion of the High Court on the relevant issues.
  • Second defendant (Andrew Forrest) to pay the full costs of the application.