Practice and Procedure

DODSWORTH v CROWN PROSECUTION SERVICE (2010)

PUBLISHED November 8, 2010
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[2010] EWHC 3435 (Admin)

A magistrates' court had been entitled to accept a plea of guilty, to possessing wild bird eggs contrary to the Wildlife and Countryside Act 1981 s.3, in respect of an egg collection which had purportedly been legally held until the Wildlife and Countryside Act 1981(England and Wales) (Amendment) Regulations 2004 amended the Act so as to criminalise possession of wild bird eggs that had been illegally taken by third parties between 1954 and 1981. Argument as to whether the Regulations were ultras vires having regard to natural justice and the Human Rights Act 1998 did not fall for consideration on the case as stated for the opinion of the High Court.

QBD (Admin) (Langstaff J)

08/11/2010

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