[2008] EWCA Crim 960
Where a summary offence had been joined with an indictable offence under the Criminal Justice Act 1988 s.40 but the judge ruled that there was no case to answer on the indictable offence, the summary offence did not have to be withdrawn from the jury and retried before the magistrates' court.
CA (Crim Div) (Lord Phillips of Worth Matravers LCJ, Wilkie J, Openshaw J)
09/04/2008