Ball v Johnson: 29 May 2019

Summons granted for political lies allegation

(Westminster Magistrates Court) The court gave its reasons for acceding to a request for the issue of a summons requiring the defendant to answer a charge for three offences alleging misconduct in a public office.
Held: There was prima facie evidence of an issue to be determined at trial in relation to this aspect of the offence. The request for the summons was granted.

Coleman DJ
[2019] EW Misc 15 (MagC)
England and Wales
CitedRegina v West London Metropolitan Stipendiary Magistrate, ex parte Klahn QBD 1979
The issue of a summons by a magistrate is a judicial act: ‘The duty of a magistrate in considering an application for the issue of a summons is to exercise a judicial discretion in deciding whether or not to issue a summons. It would appear that he . .
CitedRegina v Worthing Justices, ex parte Norvell QBD 1981
The applicants requested the magistrates court to issue summonses for a private prosecution on two allegations of perjury. The request was dealt with by the Justices’ Clerk, who refused it. He asked the other Justices to reconsider the request, and . .
CitedRegina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
CitedAttorney General’s Reference (No 3 of 2003) CACD 7-Apr-2004
Police Officers had been acquitted of misconduct in public office. They had stood by in a police station custody suite as a prisoner lay on the floor and died.
Held: The trial took place before R -v- G which had overruled Caldwell. The . .
CitedMitchell, Regina v CACD 12-Feb-2014
‘Is a paramedic employed by a National Health Service Trust in its ambulance service the holder of a public office so as to be subject to criminal sanction for misconduct?’
Held: The appeal succeeded; he was not: ‘the nature of the duty . .
CitedD Ltd v A and Others CACD 28-Jul-2017
The complainant had had issued a summons against the defendants alleging fraud. They in turn applied for the summonses to be set aside on the ground of abuse. That having been granted, the complainant sought to have the terminating ruling set aside. . .

Lists of cited by and citing cases may be incomplete.


Updated: 01 November 2021; Ref: scu.638247