Re: Does an alleged fly-tipper have right to trial by jury?

On Mar 11, 9:32 am, "M.I.5¾" <no....@no.where.NO_SPAM.co.uk>
wrote:
> <hanrahan...@yahoo.co.uk> wrote in message
>
> news:f60b25c0-b8f6-4e8c-b77b-cdf55ea03e75@33g2000yqm.googlegroups.com...
>
> > Does a person charged withfly-tipping under s33 of the Environmental
> > Protection Act 1990 have the option of being tried by ajuryin a
> > Crown Court? Please could someone point me to the relevant provision;
> > I couldn't find it in the Act. (IANAL). Many thanks.
>
> You won't find it in the Act.  Offences under the Environmental Protect
ion
> Act 1990 are either-way offences (which means - yes).

[..]

> Source: Magistrates' Adult Court Bench Book.

Thanks!

Out of interest, why isn't an offence defined as triable either-way in
the Act that creates it? Is this the "default"?

Michael

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M.I.5? (11.03.2009 12:12)