Read the full judgment text of CACC 000408/1984 on BabelCite. This Court of Appeal judgment was delivered on 3 August 1984 before Kempster J.
Criminal law – procedure – withdrawal of charge – magistrates' court discretion – case stated – whether court has power to allow withdrawal of charge before plea – held: yes, court has discretion – English authorities followed – appeal allowed – case remitted.
Legal issues: Power to withdraw charge before plea
Outcome: Appeal allowed. Case remitted to magistrate with answer that the court has discretion to permit withdrawal of a charge prior to plea.