Robbie the Pict v Crown Prosecution Service [2009] EWHC B10 (Admin) (04 March 2009)

Robbie the Pict v Crown Prosecution Service [2009] EWHC B10 (Admin) (04 March 2009)

No substantive ratio decidendi was given as this was a directions hearing; the court determined the procedural steps for the substantive hearing on the vires of the statutory instrument authorising the traffic camera.

Citation
[2009] EWHC B10 (Admin)
Parties
Claimant: Robbie the Pict; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
04 March 2009
Procedural Posture
Administrative Court Directions Hearing / Directions Hearing Prior to Substantive Determination
Outcome
Directions given for future conduct of the case; no final determination on merits.
Legal Topics
Ultra Vires of Statutory Instruments, Approval of Traffic Enforcement Devices, Delegation of Parliamentary Powers, Road Traffic Offenders Act Compliance
Constitutional Law Administrative Law Criminal Law Road Traffic Law Ultra Vires of Statutory Instruments Approval of Traffic Enforcement Devices Delegation of Parliamentary Powers Road Traffic Offenders Act Compliance

Case Brief

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Parties

Robbie the Pict

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Administrative Court Directions Hearing / Directions Hearing Prior to Substantive Determination

Legal Issues

  1. 1 Whether the statutory instrument relied upon by the Secretary of State validly approves the Gatsometer type 36 traffic light camera
  2. 2 Whether the statutory instrument is ultra vires or intra vires the enabling Act
  3. 3 Whether the statutory instrument must specifically reference the device in question

Ratio Decidendi

No substantive ratio decidendi was given as this was a directions hearing; the court determined the procedural steps for the substantive hearing on the vires of the statutory instrument authorising the traffic camera.

Court Disposition

Directions given for future conduct of the case; no final determination on merits.

Orders

  • Agreed bundle of documents to be prepared, including the statutory instrument and device approval documentation.
  • Skeleton arguments to be filed.