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Regina v Thames Magistrates’ Court ex parte Horgan: Admn 25 Nov 1997

That the same rules apply to time limits for prosecution of a company as for others, for summary offences, did not apply to either way offences tried summarily. Times 09-Dec-1997, Gazette 17-Dec-1997, [1997] EWHC Admin 1045 Magistrates Courts Act 1980 127, Companies Act 1986 731(2) England and Wales Criminal Practice, Company Updated: 03 January 2022; … Continue reading Regina v Thames Magistrates’ Court ex parte Horgan: Admn 25 Nov 1997

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Davis v Leicestershire Constabulary: Admn 18 Jul 2012

The claimant appealed against the refusal of the return of money seized from him by the respondent’s officers under the 2002 Act. The magistrates had declined jurisdiction saying that the complaint was out of time. The claimant said that his request was neither a complaint nor an information so as to fall foul of the … Continue reading Davis v Leicestershire Constabulary: Admn 18 Jul 2012

Atkinson v Director of Public Prosecutions: Admn 12 May 2004

The court considered how to apply the time limits in the section. There was a system for automatic electronic communication between the police and the court office. The six month time limit expired on the 16th December. The documents served on the defendant showed an ‘information date’ of 10th December, but the summons was dated … Continue reading Atkinson v Director of Public Prosecutions: Admn 12 May 2004

Regina v Scunthorpe Justices ex parte McPhee and Gallagher: Admn 24 Feb 1998

The defendant faced a charge of robbery. More than six months after the alleged offence the prosecution sought to add alternate charges including one of common assault. The magistrates declined jurisdiction on the ground that, more than six months having elapsed since the date of the offence, new proceedings for the summary offence of common … Continue reading Regina v Scunthorpe Justices ex parte McPhee and Gallagher: Admn 24 Feb 1998

Commissioners of Customs and Excise v Venn and Others: QBD 11 Dec 2001

The concept of forfeiture in the Act was dependent upon the seizure of goods. The Act also made a distinction between the initial detention of goods and formal seizure. The six months time limit under the Magistrates Courts Act was calculated from seizure not detention. The seizure was challenged by a notice of claim. Until … Continue reading Commissioners of Customs and Excise v Venn and Others: QBD 11 Dec 2001

Regina v Manchester Stipendiary Magistrate, ex parte Hill; Hill v Anderton: HL 1982

The House was asked whether section 127 was satisfied where the information was laid within 6 months from the date of the alleged offence but was not considered by a magistrate, and no summons was issued, until after the expiration of the time limit. The House also considered the power of delegation where a justice … Continue reading Regina v Manchester Stipendiary Magistrate, ex parte Hill; Hill v Anderton: HL 1982

Crann v Crown Prosecution Service: Admn 27 Feb 2013

The defendant appealed by case stated against an order allowing the amendment of an information against him. He was first accused of failing to provide a specimen of breath for testing after being stopped and suspected of driving with excess alcohol. The officer had however accepted that he had a proper reason for not providing … Continue reading Crann v Crown Prosecution Service: Admn 27 Feb 2013

Chief Constable of West Mercia Constabulary v Boorman: Admn 2 Nov 2005

The defendant had admitted an offence under the 1997 Act but the magistrates had declined to make a restraining order. The police then sought and anti-social behaviour order. The defendant objected saying that the events upon which the claim was based were more tan six months old and not admissible. Held: It was important not … Continue reading Chief Constable of West Mercia Constabulary v Boorman: Admn 2 Nov 2005

Brown v Director of Public Prosecutions: Admn 2 Apr 2019

The defendant argued that the written charge in the case had not been issued within the necessary time period. He said that it had not been issued until it was in some way publicly available. The respondent argued that the requirement was satisfied at the point where the relevant prosecutor determined to issue it. The … Continue reading Brown v Director of Public Prosecutions: Admn 2 Apr 2019

Marco (Croydon) Ltd v Metropolitan Police Commissioner: QBD 1983

The defendant company traded as A and J Bull Containers. They hired out a builder’s skip which was left out, unlit, on the highway at night. A cyclist rode into it and died. An information was laid against ‘A J Bull Ltd’, charging an offence under the Highways Act 1980. The hearing took place after … Continue reading Marco (Croydon) Ltd v Metropolitan Police Commissioner: QBD 1983

Riley and Others v Crown Prosecution Service: Admn 18 Oct 2016

The defendants appealed by case stated from convictions under the 2006 Act arising from the treatment of cows including at a slaughterhouse. Arguments were put that the prosecution was time barred. Held: The court recognsed the limited role of the investigators and the CPS who would eventually institute proceedings. Time started running under s.31(1)(b) of … Continue reading Riley and Others v Crown Prosecution Service: Admn 18 Oct 2016

Regina v Manchester Stipendiary Magistrate, ex parte Hill and others: HL 1993

The complaint had been laid before Magistrates before the expiration of the time limit, but was only considered and the summons issued after the time limit. The House also considered the power of delegation where a justice of the peace or the clerk did not personally receive or consider the information in question. Held: The … Continue reading Regina v Manchester Stipendiary Magistrate, ex parte Hill and others: HL 1993

Williams v Director of Public Prosecutions: Admn 24 Jul 2009

Thomas LJ said: ‘When the magistrates were faced with the application for an amendment, the law was clear and remains clear. The principles are set out in Section 123 and 127 of the Magistrates’ Court Act [1980] and in the single decision of this court to which it is necessary to refer, R v Scunthorpe … Continue reading Williams v Director of Public Prosecutions: Admn 24 Jul 2009

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index