Director of Public Prosecutions v B

Criminal law – Prosecutor. It had not been open to the judge to move to an immediate trial on the date of the first court appearance when the associate prosecutor had not had rights of audience to conduct the trial and, in resisting the submission of no case, a properly qualified prosecutor could have argued that there had been a circumstantial case to answer. Accordingly, the Divisional Court held that the judge had not been entitled, as a matter of law, to accede to the defence submission of no case to answer to the charge of criminal damage.

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