Leamy, R (on the application of) v Director of Public Prosecutions

An amendment to a case stated should be refused where the proposed addition does not advance the issue to be determined and the applicant already has the material needed to argue the point. The court will not add disputed evidence concerning a witness’s understanding of the applicable regulations where that evidence would not assist determination of whether the prosecution may rely on an inference that temporary speed-limit signs complied with the relevant requirements.

The appellant had been convicted of driving above a temporary 50-mile-per-hour speed limit on the M11 motorway. The prosecution officer accepted that he had not personally measured the signs and had no personal knowledge of whether they complied with the relevant regulations. The appellant sought to amend the case stated by adding that the officer had also accepted that he did not know the regulatory requirements. The issue was whether that addition was necessary or materially advanced the argument concerning the inference that the signs complied with the regulations.

1. Application refused. The court refused the proposed amendment to the case stated, whether or not the appellant’s recollection of the officer’s evidence was correct.
2. The material issue was whether the prosecution could rely on an inference of compliance where there was no material suggesting that the signs failed to comply with the relevant regulations. The proposed addition did not advance that issue.
3. The appellant already possessed all the material required to present the substantive argument. The question whether that argument succeeded was for the court determining the matter in due course, and did not depend on adding the proposed evidence to the case stated.
4. Costs were reserved.

• Magistrates’ court: The appellant was convicted of driving in excess of a temporary 50-mile-per-hour speed limit on the M11 motorway and a case was stated.
• High Court (Administrative Court): The application to add material to the case stated was refused; costs reserved.