Stratford On Avon District Council v Dyde

Stratford On Avon District Council v Dyde

The magistrates erred in law by failing to consider the implications of section 67 of the Local Government (Miscellaneous Provisions) Act 1976, which prohibits hackney carriage drivers from charging a fixed fare in excess of the metered fare. As a licensed driver, the respondent was presumed to know the law and the local fares. There was no evidence to support a finding that the respondent believed the fare was lawful or was confused. The exclusion of the officers' evidence under section 78 was not justified on the facts.

Parties
Claimant: Stratford-on-Avon District Council; Defendant: Vincent Charles Dyde
Jurisdiction
England and Wales
Judgment Date
04 November 2009
Procedural Posture
Criminal Appeal (case Stated) / Appeal From Magistrates' Court to High Court
Outcome
appeal allowed; case remitted to magistrates' court for rehearing before a fresh bench; no order as to costs
Legal Topics
Entrapment, Exclusion of Evidence, Hackney Carriage Regulation, Overcharging, Fair Trial, Magistrates' Discretion
Criminal Law Administrative Law Local Government Law Entrapment Exclusion of Evidence Hackney Carriage Regulation Overcharging Fair Trial +1 more

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Parties

Stratford-on-Avon District Council

Claimant

Vincent Charles Dyde

Defendant

Procedural Posture

Criminal Appeal (case Stated) / Appeal From Magistrates' Court to High Court

Legal Issues

  1. 1 Whether the magistrates were correct in law to conclude that Mr Dyde had been persuaded to commit the offences
  2. 2 Whether the magistrates were correct to exclude the evidence of undercover officers under section 78 of the Police and Criminal Evidence Act 1984

Ratio Decidendi

The magistrates erred in law by failing to consider the implications of section 67 of the Local Government (Miscellaneous Provisions) Act 1976, which prohibits hackney carriage drivers from charging a fixed fare in excess of the metered fare. As a licensed driver, the respondent was presumed to know the law and the local fares. There was no evidence to support a finding that the respondent believed the fare was lawful or was confused. The exclusion of the officers' evidence under section 78 was not justified on the facts.

Court Disposition

appeal allowed; case remitted to magistrates' court for rehearing before a fresh bench; no order as to costs

Orders

  • Case remitted to Stratford-on-Avon Magistrates' Court for hearing before a fresh bench of magistrates
  • No order as to costs