Q I was prosecuted recently for misuse of trade plates on
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a breakdown vehicle and though I felt that I had committed no offence and that I had proved my point to the court, I was granted an absolute discharge, which constitutes a conviction.
No reason for this verdict was given and I am now in the position that I cannot carry on what is an accepted trade practice without fear of further prosecution. Moreover, I am still convinced that I am innocent of the original charge.
Is there any way in which can reopen this matter short ol actually appealing to the High Court, which would be too costly?
AIf you fell aggrieved by the magistrates' decision and consider that this was wrong because the court misinterpreted the law, you may apply to the clerk of the court to -state a casefor the opinion of the High Court Three judges then hear the evidence and make a decision on the point of law.
This decision is then referred to as a stated case and is binding on all inferior courts in the future.
If you do this and your point is upheld, then the case will be referred back to the magistrates' court for the conviction to be set aside. Moreover, you will establish the rights or wrongs of the trade practice to which you have been accustimed.