Dougall v Crown Prosecution Service

Dougall v Crown Prosecution Service

A magistrates' court lacks jurisdiction to try a summary offence if no information was laid within six months of the alleged offence, even if the defendant was initially charged with an indictable or either-way offence outside that period and the charge is later amended to a summary offence.

Parties
Appellant: John Scott Dougall; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
09 May 2018
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal allowed; conviction quashed
Legal Topics
Time Limits for Prosecution, Summary Offences, Amendment of Charges, Jurisdiction of Magistrates' Courts
Criminal Law Criminal Procedure Time Limits for Prosecution Summary Offences Amendment of Charges Jurisdiction of Magistrates' Courts

Case Brief

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Parties

John Scott Dougall

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether a magistrates' court has jurisdiction to try a defendant where he is first charged with an indictable offence more than six months after the alleged offence and the charge is later amended to a summary only offence

Ratio Decidendi

A magistrates' court lacks jurisdiction to try a summary offence if no information was laid within six months of the alleged offence, even if the defendant was initially charged with an indictable or either-way offence outside that period and the charge is later amended to a summary offence.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Appellant's conviction quashed