Crann v Crown Prosecution Service [2013] EWHC 552 (Admin) (27 February 2013)

Crann v Crown Prosecution Service [2013] EWHC 552 (Admin) (27 February 2013)

The magistrates were entitled to permit the amendment as it arose from substantially the same facts and there was no additional prejudice to the appellant; the decision was within the reasonable band of responses and not contrary to the interests of justice.

Citation
[2013] EWHC 552 (Admin)
Parties
Appellant: Crann; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
27 February 2013
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal From Magistrates' Decision to Amend Charge
Outcome
Appeal dismissed
Legal Topics
Amendment of Charges, Case Management, Interests of Justice, Summary Offences, Time Limits
Criminal Law Procedural Law Amendment of Charges Case Management Interests of Justice Summary Offences Time Limits

Case Brief

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Parties

Crann

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal From Magistrates' Decision to Amend Charge

Legal Issues

  1. 1 Whether the magistrates erred in permitting a late amendment to the charge against the appellant
  2. 2 Whether the amendment was contrary to the interests of justice given the delay and case management failures

Ratio Decidendi

The magistrates were entitled to permit the amendment as it arose from substantially the same facts and there was no additional prejudice to the appellant; the decision was within the reasonable band of responses and not contrary to the interests of justice.

Court Disposition

Appeal dismissed