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Cannock Magistrates’ Court deals with general criminal work and driving offences. They have a lot of speeding cases from the M6 and M6 Toll in Staffordshire. The court building is on the outskirts of town. Public transport links are not great but the court is 5 minutes from M6 Junction 10, There is plenty of free parking.
The prosecutor has to inform the magistrates’ court by issuing a charge, summons, postal requisition or a complaint within 6 months of an offence being committed. This rule means that the magistrates’ have no jurisdiction to deal with a case brought more than 6 months after a crime has occurred.
The test has a subjective and an objective element. The subjective element deals with the defendant’s point of view, The objective element deals with what a reasonable person would think or do.
Stage 1 – subjective
Was the defendant aware of the risk?
Stage 2 – objective
Was the risk that the defendant took reasonable in the circumstances of which the defendant was aware?