R (James) v DPP [2004] EWHC 1663 (Admin) - S 123 MCA.
- amendment of information.
1) amendment to allege "attempt" following submission of no case to answer.
- could amend to allege offence under different Act albeit on same facts.
2) D, facing amended charge, had not lost ability to plead guilty at first opportunity.
3) no requirement to re-start mode of trial procedure when charge amended.
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Related case digests
- Allied Domecq Leisure Ltd v Cooper (1999) 163 JP 1 - S 123 MCA - Ss 28, 32 and 83 WMA.
1) trivial error in information needs no amendment. 2) secondary offender may be prosecuted with no notice served on principal offender. 3) local custom relevant as to whether pint of beer could include froth. 4) prosecution must identify and prove alleged act or default of secondary offender. 5) owner of pub who sells beer through its licensee is selling it as well as the licensee.