References: [1995] EWHC Admin 3, [1995] EWHC Admin 3
Links: Bailii
Coram: The Lord Chief Justice Of England (Lord Bingham Of Cornhill ) And Mr Justice Cresswell
Ratio: The applicant sought judicial review of the refusal of the magistrates to state a case for him to appeal to the High Court. He had been convicted of failing to provide a specimen of breath for analysis. The magistrates considered the request frivolous within the 1980 Act. He held, as a finding of fact, that the defendant had not been misled by the form as he claimed to have been.
Held: the request to state a case was frivolous, and was properly refused.
Statutes: Road Traffic Act 1988 7(6), Magistrates Courts Act 1980 111(5)
This case cites:
- Cited – Director of Public Prosecutions v Billington ((1988) 87 Cr App R 68)
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(This list may be incomplete)
Last Update: 13 October 2018
Ref: 136188
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