[2010] EWHC 2266 (Admin)
Magistrates had erred in dismissing, on the principle of autrefois convict and as an abuse of process, an information laid against a defendant for driving without due care and attention on the basis that he had accepted a caution for false imprisonment arising from the same incident. Autrefois convict had no application where a caution had been administered, and the differences between the offences meant there had been no abuse of process.
DC (Stanley Burnton LJ, Treacy J, Nicol J)
27/07/2010