Director of Public Prosecutions (DPP) v Bird [2015] EWHC 4077 (Admin) (29 October 2015)

Director of Public Prosecutions (DPP) v Bird [2015] EWHC 4077 (Admin) (29 October 2015)

The District Judge was wrong not to permit the prosecution to proceed on the new charge because the previous dismissal was a nullity, not an acquittal, and criminal damage is an indictable offence not subject to the six-month limitation; reinstated proceedings are not an abuse of process.

Citation
[2015] EWHC 4077 (Admin)
Parties
Claimant: Director of Public Prosecutions; Respondent: Bird
Jurisdiction
England and Wales
Judgment Date
29 October 2015
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Criminal Damage, Limitation Period, Magistrates' Court Jurisdiction, Autrefois Acquit, Abuse of Process
Criminal Law Procedure Criminal Damage Limitation Period Magistrates' Court Jurisdiction Autrefois Acquit Abuse of Process

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Bird

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Judge was wrong not to permit the prosecution to proceed on the new charge
  2. 2 Whether the District Judge was wrong to invite the prosecution to re-list the case before the original bench for clarification
  3. 3 Whether the District Judge was wrong to indicate that the High Court had jurisdiction to deal with the error of law whereas she did not

Ratio Decidendi

The District Judge was wrong not to permit the prosecution to proceed on the new charge because the previous dismissal was a nullity, not an acquittal, and criminal damage is an indictable offence not subject to the six-month limitation; reinstated proceedings are not an abuse of process.

Court Disposition

appeal allowed

Orders

  • case remitted to a differently constituted magistrates' court to determine proceedings in accordance with correct legal procedure