Full Duty of Disclosure on Private Prosecutor
The claimant challenged the issue of a summons by the magistrate on the complaint of a private prosecutor.
Held: The challenge succeeded. A private prosecutor and his lawyers had a duty of candour and of full disclosure. The prosecutor having failed in this, and the magistrate having failed in his own duty to address such a failure, the summons was quashed.
As to the threshold test for the issuance of a summons: ‘(1) The magistrate must ascertain whether the allegation is an offence known to the law, and if so whether the essential ingredients of the offence are prima facie present; that the offence alleged is not time-barred; that the court has jurisdiction; and whether the informant has the necessary authority to prosecute.
(2) If so, generally the magistrate ought to issue the summons, unless there are compelling reasons not to do so – most obviously that the application is vexatious (which may involve the presence of an improper ulterior purpose and/or long delay); or is an abuse of process; or is otherwise improper. . . (4) Whether the applicant has previously approached the police may be a relevant circumstance.’
Gross LJ, Sweeney J
[2018] EWHC 1233 (Admin), [2018] WLR(D) 319, [2018] 2 Cr App R 27, [2018] 4 WLR 91, [2018] Crim LR 855, [2018] LLR 560
Bailii, WLRD
England and Wales
Citing:
Cited – Regina (DPP) v Sunderland MC Admn k 2014
When determining an application for a summons a magistrate must ascertain whether the allegation is of an offence known to law, and if so whether the essential ingredients of the offence are prima facie present
The court observed: ‘[The . .
Cited by:
Cited – Johnson v Westminster Magistrates’ Court Admn 3-Jul-2019
Public Office Misconduct – Acting As not While
The claimant sought judicial review of a decision to issue a summons against him alleging three offences of misconduct in public office. He was said to have issue misleading statements in support of the campaign leading up to the Referendum on . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Magistrates
Updated: 01 November 2021; Ref: scu.618111