Practice and Procedure

R (on the application of CUNLIFFE) v HASTINGS MAGISTRATES' COURT : R (on the application of CUNLIFFE) v EALING MAGISTRATES' COURT (2006)

PUBLISHED July 6, 2006

Magistrates' courts erred in issuing against an individual, pursuant to the Magistrates' Courts Act 1980 s.97(1), witness summonses that sought certain technical information relating to a breath test analysing device as the information was not admissible without expert evidence from other witnesses and as such was not material evidence.