Crown Prosecution Service v Inegbu
The court held that section 46(4) of the Railways Act 2005, read with the Interpretation Act 1978, preserved not only the effect of byelaws made under the Transport Act 2000 but also the procedural mechanism for proving them by certification. The District Judge erred in holding otherwise.
- Parties
- Claimant: Crown Prosecution Service; Defendant: Inegbu
- Jurisdiction
- England and Wales
- Judgment Date
- 26 November 2008
- Procedural Posture
- Criminal Appeal by Way of Case Stated / High Court Appeal From Magistrates' Court
- Outcome
- Appeal allowed
- Legal Topics
- Railway Byelaws, Proof of Byelaws, Transitional Provisions, Certification of Byelaws
Case Brief
Summary, issues, holding and outcome
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Parties
Crown Prosecution Service
Claimant
Inegbu
Defendant
Procedural Posture
Criminal Appeal by Way of Case Stated / High Court Appeal From Magistrates' Court
Legal Issues
- 1 Whether the mechanism for proving railway byelaws made under the Transport Act 2000 was preserved after repeal by the Railways Act 2005, specifically regarding certification under Schedule 20 of the 2000 Act.
Ratio Decidendi
The court held that section 46(4) of the Railways Act 2005, read with the Interpretation Act 1978, preserved not only the effect of byelaws made under the Transport Act 2000 but also the procedural mechanism for proving them by certification. The District Judge erred in holding otherwise.
Court Disposition
Appeal allowed
Orders
- No retrial ordered; matter not remitted to Magistrates' Court.
- Respondent to pay appellant's costs of these proceedings, subject to detailed assessment and consideration by the costs judge.
Full Case Text
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