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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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There is a speeding case heard by a circuit Judge where the

Resolved Question:

There is a speeding case heard by a circuit Judge where the case was dismissed and the defendant found not guilty. How can I find out the details of why the case was dismissed?
I have applied to the court in question who said they would charge for the information, I sent them a cheque which they returned saying the information was unavailable. I have spoken to Citizens Advice Bureau who referred me to the Information Commissioners office who have said I would have to obtain it through a lawyer. Are you able to obtain this information for me and if so what would it cost me.
Regards
Mel. Hunt
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
When did this happen and do you know the name of the Defendant.
Customer: replied 2 years ago.

The case was heard at Llwynypia Magistrates court on July 27th 2005 and the defendant's name was Douglas Shilton. The case number ***** ***** and the case was heard before circuit court judge Christine Seward. The case was dismissed and the defendant found not guilty.

Regards,

Mel. Hunt

Expert:  LondonlawyerJ replied 2 years ago.
Was it actually A District Judge who made the ruling? And can you tell me what your role in all this is please?
Customer: replied 2 years ago.

The only information I have is that Christine Seward is a "circuit judge"

I have no role in this particular case but information about the case was given to me when I was defending myself on a speeding charge. The case was discontinued by the CPS due to the lack of evidence. I would like to get to the bottom as to why that occured. I have tried long and hard to find this information but everybody I have spoken to seems reluctant to give me the information I seek.

Am I correct that this ruling must form part of criminal law and as such should be in the public domain?

Regards

Mel. Hunt

Expert:  LondonlawyerJ replied 2 years ago.
Yes the hearing would be a matter of public record. That doesn't mean it will be free or easy to get necessarily though. I think getting the details from 2005 would prove very difficult. The paper files will have been destroyed , it is likely that the only record is of the outcome itself.
Why do you want to know? Are yo hoping to use the reasoning in the case to assist in your own defence?
Customer: replied 2 years ago.

I do not need it to defend myself. I feel you are heading down the road of trying to fob me off, as I have been, by every other avenue I have taken trying to get this information.

Surely the reasoning behind every criminal court case must be recorded as case law in order that lawyers can research and reflect and if necessary use it, whether it be for defence or prosecution purposes.

Are you able to obtain this information?

Regards,

Mel. Hunt

Expert:  LondonlawyerJ replied 2 years ago.
No, not necessarily. A case in the Magistrates Court would have no precedent value whatsoever. The reasoning would have been noted in pen and paper at he hearing but it would have been a brief note and it probably hasn't survived.
Every day hundreds of cases are dismissed for reasons like: witnesses not attending, the CPS taking a view on the strength of evidence, etc etc. This is the daily routine of the courts. Only if there was an appeal to a higher court could it possibly have any wider significance within the criminal law.
I don't think it will be possible to obtain the details of this case now. It is a case of no particular distinction, at the lowest rung of the court hierarchy and it was heard in 2005.
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