The two Bobs

Indeed there was no case to answer...

"The UK government has lost its appeal over a judge's decision to throw out a terror charge against a member of the Irish language rap trio Kneecap"

Linky Linky
 
Do you know what the appeal was about and why it was lost?

Lord Justice Edis said their decision "turned on a very narrow and technical legal issue and has nothing to do with whether the respondent committed the offence set out in the charge".

No proper authorisation from the Attorney General and they didn't lay their papers in time for a summary offence.


Like a speeding ticked prosecuted 7 months after the offence.
 
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Daft Brush thinks they got off because there was no case to answer. The Judge disagrees:

paragraph 50, It is a matter of concern that a charge which both the DPP and the Attorney General. considered met both parts of the Full Code Test for Crown Prosecutors will never now be determined.
There was, they decided, a realistic prospect of conviction and the prosecution was in the public interest.
We have not investigated the reasons for this failure and nor do we seek to attribute blame. That is not because these circumstances are not worthy of consideration but because they are irrelevant to our decision.
 
motorbiking said:
Daft Brush thinks they got off because there was no case to answer. The Judge disagrees:

paragraph 50, It is a matter of concern that a charge which both the DPP and the Attorney General. considered met both parts of the Full Code Test for Crown Prosecutors will never now be determined.
There was, they decided, a realistic prospect of conviction and the prosecution was in the public interest.
We have not investigated the reasons for this failure and nor do we seek to attribute blame. That is not because these circumstances are not worthy of consideration but because they are irrelevant to our decision.
Click to expand...
That wording implies the DPP and Crown prosecution thought there was a case, but it doesn't say if the judge agreed or not.

But I agree, the rejection is on a technical basis and so if it was an offense or not will never be determined.
 
It's as close as it gets to a Judge saying you t*ts f**ed it up. It's quite common for prosecutors to miss deadlines on summary charges. Sometimes they hope the other side wont notice. Sometimes the magistrates wrongly hear the case.
 
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