[2004] EWHC 728 (QB)

It was open to the magistrates' court to allow the prosecution to re-open their case to fill an evidential lacuna where an appellant had only suffered the prejudice of the loss of a bonus victory due to a prosecution oversight. The magistrates had clearly taken account of the fact that a witness who later gave oral evidence had been present during a submission of no case to answer.

QBD (Mackay J, Kennedy LJ)

24/03/2004