[2010] EWHC 2229 (Admin)

Where proceedings had come before the court without notice to anyone but the defendant, the magistrates' court had erred in dismissing the case on the basis that no one had appeared on behalf of the prosecuting authority. The magistrates had not treated the prosecuting authority with the fairness to which it was entitled, had not given any warning that it was considering dismissing the case, and the prosecuting authority had, through no error of its own, been misled into thinking that nothing would be done with the case until it had received advice from the magistrates' clerk.

DC (Moses LJ, Wyn Williams J)

30/06/2010

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