Verderers of The New Forest v Young and Ors [2004] EWHC 2954 (Admin) – Ss 123, 127 and 142 MCA.
- calculating statutory time limit - continuing offences - amendment of information.
1) when calculating the applicable time limit pursuant to s 127 MCA, the day of the offence is not to be counted.
2) a mistake can only be rectified under s 142(1) MCA if the court is dealing with an offender.
- otherwise, if magistrates make a mistake, rectification can only be made if both parties and the magistrates agree and the matter can be put right immediately.
3) offence of depasturing an animal without having paid the annual fee is a continuing one.
4) averments in an information as to the date of offence were not of the essence and could be amended under s 123 MCA.
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