Final determination can be challenged
Regina (Donnachie) v. Cardiff Magistrates’ Court
Queen’s Bench Divisional Court
“A ruling on a preliminary issue on jurisdiction by a district judge was a final determination that could be challenged by case stated or by judicial review.”
The Times, 22nd August 2007
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
R (Donnachie) v. Cardiff Magistrates’ Court  EWHC 1846 (Admin)
“Where a district judge had decided a preliminary issue as to jurisdiction his ruling could properly be challenged by way of case stated or judicial review. An offence under s1(1)(a) of the Trade Descriptions Act 1968 was a separate offence from that created by s1(1)(b) and was committed at the time when an odometer reading was altered. The local authority rather than one of its officers was the prosecutor within the meaning of s19 of the 1968 Act and it discovered an offence under that section when one of its officers first became aware of the offence.”
WLR Daily, 27th July 2007
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.