References: Times 27-Jan-1995, [1996] 1 Cr App R 94
Coram: Neil LJ
Ratio: Procedures are needed so that cars which have been involved in major accidents or crashes and criminal proceedings are envisaged should only be destroyed with consent. Neil LJ considered the law of abuse of process saying that: ‘the constitutional principle which underlies the jurisdiction to stay proceedings is that the courts have the power and the duty to protect the law by protecting its own purposes and functions.’
This case is cited by:
- Cited – Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court) HL (Gazette 21-Jan-98, House of Lords, Bailii, [1997] UKHL 56, [1998] AC 917, [1998] 1 All ER 193, [1998] 2 WLR 1, [1998] 1 Cr App Rep 347)
A civilian who was subject to military law whilst abroad was properly tried by a court-martial for a murder committed whilst abroad. The accused was the son of a serving soldier, and living with him, and subject to martial law. There was no inherent . . - Cited – Jones v Director of Public Prosecutions Admn (Bailii, [2011] EWHC 50 (Admin))
The driver appealed against his conviction for exceeding the relevant maximum speed on a Special Road, the A55 in North Wales. The speed limit signs were designed to be illuminated, but the lamps were not working. Instructions had been given not to . .
(This list may be incomplete)
Last Update: 03-Sep-16
Ref: 86107
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