| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 258 (Oct) |
| Neutral Citation: | [2009] EWHC 921 (Admin) |
| Court: | Queen's Bench Division, Administrative Court |
| Judge: | Davis J |
| Representation | Benedict Leonard (instructed by the Crown Prosecution Service) for the Crown. |
| No counsel appeared on behalf of the respondent. | |
| Judgment Dates: | 5 March 2009 |
Catchwords
Magistrates - Information - Laying of information - Discretion - Crown Prosecution Service applying to have new information laid in place of extant information - New information stipulating offence of attempted theft whereas extant information stipulating offence of interference with a motor vehicle - Justices declining application - Whether justices entitled to exercise their discretion in that manner - ss 1(1), 9.
The Case
Magistrates Information. The Administrative Court held, on an appeal by way of case stated, that justices had exercised their discretion properly in refusing to allow the Crown Prosecution Service's application to have a new information laid against the respondent. The Court also commented, generally, on the current position regarding the substitution of a lesser charge for a more serious charge, and the points which had to be borne in mind in applying therefor.
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