ABSTRACT

The magistrates’ clerk prepares a draft case and sends it to the prosecution and defence for comment. A properly drafted question should not be altered without the party who framed the original question being given the opportunity to commit on the changes (R v Waldie (1995) 159 JP 514). The final version (amended in the light of any comments made by prosecution or defence and signed by the clerk or by two of the magistrates whose decision is under appeal) is sent to the appellant.