The CPS had discontinued a prosecution. The magistrates were then asked to issue a summons for a private prosecution. The private prosecutor appealed against the refusal to issue the summons. A second summons was requested from a different magistrates court. That request was successful, but the second court withdrew its summons when informed of the first application.
Held: The court should distinguish between a case where it is sought to bring a private prosecution where there is already a prosecution by the Crown Prosecution Service in being and a case where the Crown Prosecution Service has discontinued a prosecution. This critical difference means that the fact the prosecution does not reach the threshold set out in the Code for Crown Prosecutors does not preclude a private prosecution from being instituted if there is no prosecution by the Crown Prosecution Service in being. The first magistrate’s decision was therefore to be reconsidered.
Citations:
[2006] EWHC 2318 (Admin), Times 29-Sep-2006, [2007] 3 All ER 163, [2006] 1 WLR 349
Links:
Statutes:
Magistrates’ Court Act 1980 1(1)
Citing:
Cited – Regina v Metropolitan Stipendiary Magistrate Ex Parte Chaudhry QBD 9-Jul-1993
The Crown Prosecution Service was in the process of pursuing a prosecution when the private prosecutor sought to bring a prosecution for a serious offence arising out of the same facts. There would be potentially concurrent prosecutions.
Held: . .
Cited – Regina 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 . .
Cited by:
Cited – Scopelight Ltd and Others v Chief of Police for Northumbria CA 5-Nov-2009
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Criminal Practice
Updated: 07 July 2022; Ref: scu.245058
