Foster v Director of Public Prosecutions [2013] EWHC 2039 (Admin) (21 June 2013)

Foster v Director of Public Prosecutions [2013] EWHC 2039 (Admin) (21 June 2013)

Where the information laid before the magistrates does not disclose the commission of any offence, the magistrates cannot lawfully try or convict the defendant, and if the information is not amended, neither the Crown Court nor the High Court can cure the defect on appeal.

Source-derived case information.

Citation
[2013] EWHC 2039 (Admin)
Parties
Claimant: Ian Campbell Foster; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
21 June 2013
Procedural Posture
Appeal by Way of Case Stated (criminal) / High Court (administrative Court) Judgment
Outcome
Appeal allowed
Legal Topics
Service of Process, Defective Information, Road Traffic Act Offences, Magistrates' Courts Procedure, Appeal by Case Stated
Criminal Law Administrative Law Service of Process Defective Information Road Traffic Act Offences Magistrates' Courts Procedure Appeal by Case Stated

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Parties

Ian Campbell Foster

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Appeal by Way of Case Stated (criminal) / High Court (administrative Court) Judgment

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 magistrates or Crown Court could amend a defective information that did not disclose an offence
  3. 3 Whether deemed service of documents applied where the defendant did not receive the summons

Ratio Decidendi

Where the information laid before the magistrates does not disclose the commission of any offence, the magistrates cannot lawfully try or convict the defendant, and if the information is not amended, neither the Crown Court nor the High Court can cure the defect on appeal.

Court Disposition

Appeal allowed

Orders

  • Conviction quashed
  • Costs to be assessed and paid from central funds