The defendant was prosecuted under the 1814 Act for offences of remong shingle from the beach at Sidmouth. He questioned the authority of the prosecutor who was not specificlly authorised under regulations to lay the complaint.
Held: The prosecution was proper.
Lord Alverstone CJ said: ‘I think that we must consider that the statute was passed for the protection of the realm, and in those circumstances it seems to me that under s.21 the information could be laid by a person in the position of surveyor to the district counsel.’
Judges:
Lord Alverstone CJ
Citations:
[1911] 76 JP 71
Statutes:
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.267547