Practice and Procedure

DPP v CHRISTOPHER ALEXANDER (2010)

PUBLISHED July 27, 2010
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[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

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