A dog bit a constable. The defendant said that the police had wrongly begun proceedings as an information, rather than by way of a complaint, and that they were a nullity.
Held: Rule 2.1 of the 1981 Rules is expressed in terms which show that the use of statutory forms is not mandatory, and embody an untechnical approach. The initiating document referred to a complaint and not an information, and that was what it was. The application for leave to appeal out of time was refused since the appeal had no merit.
May LJ
[2008] EWCA Civ 920
Bailii
Dogs Act 1871 2, Magistrates’ Courts (Forms) Rules 1981 2.1
England and Wales
Citing:
Cited – Regina v Hughes 1879
Baron Huddleston said that: ‘objections and defects in the form of procuring the appearance of a party charged will be cured by appearance.’
Hawkins J said: ‘The information, which is in the nature of an indictment, of necessity precedes the . .
Cited – Regina v Nottingham Justice, ex parte Brown 1960
Proceedings which were begun incorrectly by the laying of an information rather than a complaint as required were a nullity. . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 October 2021; Ref: scu.272241
