Director of Public Prosecutions, R (on the application of) v Chorley Justices & Anor [2006] EWHC 1795 (Admin) (08 June 2006)

Director of Public Prosecutions, R (on the application of) v Chorley Justices & Anor [2006] EWHC 1795 (Admin) (08 June 2006)

The magistrates' refusal to state a case was unjustified; the interrelationship of the statutory provisions and the facts raised a clear point of law that should be considered by the court. The Justices must be directed to state a case for the opinion of the court.

Citation
[2006] EWHC 1795 (Admin)
Parties
Claimant: Director of Public Prosecutions; First Defendant: Chorley Justices; Second Defendant: Andrew Forrest
Jurisdiction
England and Wales
Judgment Date
08 June 2006
Procedural Posture
Judicial Review (application to State a Case) / Application for Order to State a Case Following Refusal by Magistrates
Outcome
Application granted; Justices directed to state a case.
Legal Topics
Service of Documents, Admissibility of Evidence, Case Stated Procedure, Criminal Procedure Rules, Interpretation of Statutory Requirements
Criminal Law Judicial Review Procedural Law Service of Documents Admissibility of Evidence Case Stated Procedure Criminal Procedure Rules Interpretation of Statutory Requirements

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Chorley Justices

First Defendant

Andrew Forrest

Second Defendant

Procedural Posture

Judicial Review (application to State a Case) / Application for Order to State a Case Following Refusal by Magistrates

Legal Issues

  1. 1 Whether the magistrates erred in refusing to state a case on the issue of service of the analyst's certificate under the Road Traffic Act 1988
  2. 2 Whether the certificate was properly served in accordance with statutory requirements
  3. 3 Whether the refusal to state a case was justified as 'frivolous'

Ratio Decidendi

The magistrates' refusal to state a case was unjustified; the interrelationship of the statutory provisions and the facts raised a clear point of law that should be considered by the court. The Justices must be directed to state a case for the opinion of the court.

Court Disposition

Application granted; Justices directed to state a case.

Orders

  • Chorley Justices are directed to state a case for the opinion of the court.
  • Second defendant (Andrew Forrest) to pay the full costs of the application.