(Jamaica) The DPP successfully applied for a voluntary bill after the resident magistrate had discharged the defendant on the ground that having heard the evidence, there was no case to answer. The challenge to the DPP’s decision to seek a voluntary bill was advanced not on the ground of double jeopardy, but rather of abuse of process.
Held: The DPP or the judge should treat the decision of the resident magistrate with the greatest respect and regard their jurisdiction as one to be exercised with great circumspection. There have to be exceptional circumstances to warrant prosecuting a defendant after it has been found in committal proceedings that there is no case to answer. Nevertheless, a judge has the power to issue a voluntary bill of indictment ex parte.
Judges:
Lord Woolf
Citations:
Gazette 02-Mar-1994, [1994] 1 AC 568, [1994] UKPC 1
Links:
Cited by:
Cited – Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis CA 22-Jan-2003
The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence.
Held: The tests of the two sets of hearings were . .
Cited – Gadd, Regina v QBD 10-Oct-2014
The prosecutor sought leave to bring a voluntary bill of indictment, to pursue historic sex abuse allegations against the defendant. The defendant objected to counts founded on facts which were the substance of a charge of indecent assault . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Commonwealth
Updated: 18 May 2022; Ref: scu.78679