Thornhill, R (on the application of) v Uxbridge Magistrates Court

Thornhill, R (on the application of) v Uxbridge Magistrates Court

The wrongdoing in the present case was very different from that which led to the original charge; there is a distinct difference between a failure to provide a specimen of urine and one of breath. Therefore, the decision of the justices to permit the amendment and laying of a new information should be quashed.

Parties
Claimant: Andrew Thornhill; Defendant: Uxbridge Magistrates' Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
03 March 2008
Procedural Posture
Judicial Review / Judgment
Outcome
decision quashed
Legal Topics
Amendment of Charges, Time Limits for Prosecution, Drink Driving Offences
Criminal Law Procedural Law Amendment of Charges Time Limits for Prosecution Drink Driving Offences

Case Brief

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Parties

Andrew Thornhill

Claimant

Uxbridge Magistrates' Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the prosecution can amend an information and lay a new charge after the six month statutory period has elapsed
  2. 2 Whether the new charge alleges the 'same misdoing' as the original offence

Ratio Decidendi

The wrongdoing in the present case was very different from that which led to the original charge; there is a distinct difference between a failure to provide a specimen of urine and one of breath. Therefore, the decision of the justices to permit the amendment and laying of a new information should be quashed.

Court Disposition

decision quashed

Orders

  • decision of Uxbridge Magistrates' Court quashed
  • costs to be assessed on taxation upon presentation of certificate