Foster v Director of Public Prosecutions

Foster v Director of Public Prosecutions

Where the information laid before the magistrates does not disclose the commission of any offence, the defect is substantial and must be amended before trial; failure to do so renders any subsequent conviction unlawful and incapable of being cured on appeal.

Parties
Claimant: Ian Campbell Foster; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
21 June 2013
Procedural Posture
Criminal Appeal by Way of Case Stated / High Court Judgment on Appeal From Crown Court
Outcome
Appeal allowed
Legal Topics
Defective Information, Service of Process, Amendment of Information, Section 172 Road Traffic Act 1988, Section 123 Magistrates' Courts Act 1980
Criminal Law Procedural Law Defective Information Service of Process Amendment of Information Section 172 Road Traffic Act 1988 Section 123 Magistrates' Courts Act 1980

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Parties

Ian Campbell Foster

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / High Court Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether the information before the magistrates disclosed the commission of any offence under section 172(3) of the Road Traffic Act 1988
  2. 2 Whether the Crown Court or High Court could amend a defective information not amended by the magistrates
  3. 3 Whether deemed service of summons and notice was valid where the defendant did not receive them

Ratio Decidendi

Where the information laid before the magistrates does not disclose the commission of any offence, the defect is substantial and must be amended before trial; failure to do so renders any subsequent conviction unlawful and incapable of being cured on appeal.

Court Disposition

Appeal allowed

Orders

  • Conviction quashed
  • Costs to be assessed and paid out of central funds to the claimant