Ward, R (On the Application Of) v The Crown Prosecution Service
The court found the charge was amended in the claimant’s presence to 'assault by beating', making the case clear. Even if not, 'common assault' would have incorporated 'battery', and there was no evidence of prejudice or unfairness to the claimant. The ground of challenge was unarguable.
- Parties
- Claimant: Craig Ward; Defendant: Black Country Magistrates’ Court; Interested Party: Crown Prosecution Service
- Jurisdiction
- England and Wales
- Judgment Date
- 19 March 2020
- Procedural Posture
- Judicial Review / Renewed Application for Permission to Proceed With Claim
- Outcome
- Renewed application for permission refused
- Legal Topics
- Common Assault, Assault by Beating, Procedural Fairness, Article 6 ECHR, Amendment of Charge
Case Brief
Summary, issues, holding and outcome
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Parties
Craig Ward
Claimant
Black Country Magistrates’ Court
Defendant
Crown Prosecution Service
Interested Party
Procedural Posture
Judicial Review / Renewed Application for Permission to Proceed With Claim
Legal Issues
- 1 Whether the claimant was convicted of an offence for which he was not charged or not made aware of the particulars
- 2 Whether the procedure was unfair and breached natural justice or Article 6 ECHR
Ratio Decidendi
The court found the charge was amended in the claimant’s presence to 'assault by beating', making the case clear. Even if not, 'common assault' would have incorporated 'battery', and there was no evidence of prejudice or unfairness to the claimant. The ground of challenge was unarguable.
Court Disposition
Renewed application for permission refused
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