J v Director of Public Prosecutions

J v Director of Public Prosecutions

There was evidence upon which the magistrates could properly find a case to answer at the close of the prosecution case, and the approach to the section 78 application and the submission of no case to answer was correct in law.

Source-derived case information.

Parties
Claimant: J; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
21 May 2004
Procedural Posture
Criminal Appeal by Way of Case Stated / Appeal From Youth Magistrates' Court Decision at Close of Prosecution Case
Outcome
Appeal dismissed
Legal Topics
Identification Evidence, Section 78 Police and Criminal Evidence Act 1984, Submission of No Case to Answer, Admissibility of Evidence
Criminal Law Identification Evidence Section 78 Police and Criminal Evidence Act 1984 Submission of No Case to Answer Admissibility of Evidence

Source-derived case record

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Parties

J

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Appeal From Youth Magistrates' Court Decision at Close of Prosecution Case

Legal Issues

  1. 1 Whether the magistrates could properly find a case to answer based on the evidence at the close of the prosecution case
  2. 2 Whether identification evidence should have been excluded under section 78 of the Police and Criminal Evidence Act 1984

Ratio Decidendi

There was evidence upon which the magistrates could properly find a case to answer at the close of the prosecution case, and the approach to the section 78 application and the submission of no case to answer was correct in law.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; magistrates' decision upheld