The act of the justices in purporting to commit the appellant for trial on five informations was a nullity and thus did not deprive the justices of jurisdiction to hear those informations summarily at a subsequent date.
Judges:
Earl of Reading CJ
Citations:
[1920] JP 598
Citing:
Followed – Rex v Marsham ex parte Pethick Lawrence 1912
The magistrate had failed to swear a witness and purported to convict the applicant in that case. The case was reheard on sworn evidence.
Held: The court refused to quash the conviction. The magistrate correctly treated the first hearing as ‘a . .
Cited by:
Applied – Regina v West 1964
The justices had purported to hear and determine an information of accessory after the fact of a larceny.
Held: The action was a nullity; and thus the defendant’s acquittal was also a nullity. The justices had therefore not exhausted their . .
Cited – Mathialagan, Regina (on the Application of) v London Borough of Southwark and Another CA 13-Dec-2004
Liability Orders were made against the appellant in respect of non-domestic rates in respect of two properties. The orders were made in the absence of the appellant or any representative. Application for judicial review was made to re-open the . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 30 April 2022; Ref: scu.220278