DPP v Bird [2015] EWHC 4077 (Admin) – Ss 9, 15 and 127 MCA.
1) the six-month limitation period in s 127 MCA does not apply to an indictable or either way offence.
2) a magistrates’ court may only dismiss a charge i) after hearing evidence, ii) where P offers no evidence or cannot proceed and the case is not adjourned, or iii) where P fails to appear for trial.
- autrefois acquit or double jeopardy cannot arise if no acquittal on the merits.
3) no abuse of process by P proceeding on a new identical charge if P not attempting to go behind a previous reasonable decision to dismiss the original charge.
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