The court was asked whether a Highway Act applied to London.
Held: It did. Mr A L Smith asked: ‘the second question is whether the initiative can be taken by the police in the prosecution under section 72 of the act. Why not? Anybody may prosecute if an offence has been committed.’ Wills J said: ‘ the Highway Act seems to apply generally, and a prosecution for this offence under section 72 of the Highway Act was competent; and if so, anybody could prosecute.’
Judges:
Wills J
Citations:
[1887] 51 JP 693
Cited by:
Cited – Ewing, Regina (on the Application of) v Davis Admn 2-Jul-2007
The court considered whether the District Judge had been correct to refuse to issue summonses for private prosecutions where there was a suggestion that only a private dispute at stake.
Held: It ‘never was any requirement that a private . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 15 May 2022; Ref: scu.267545
