The claimant sought judicial review of a decision of the magistrates not to issue summonses against two police officers. She had been demonstrating near a US base, but had refused to intervene and allowed a US officer to unlawfully arrest and detain and assault her.
Held: Applying Klahn and Latham, there was clear evidence to justify the issue of a summons: ‘the conduct of the Northampton Magistrates’ Court is open to serious criticism. ‘
Judges:
Moses LJ, Ouseley J
Citations:
[2008] EWHC 607 (Admin)
Links:
Statutes:
Criminal Justice and Public Order Act 1994
Citing:
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 – Latham v Northampton Magistrates’ Court Admn 6-Feb-2008
. .
Lists of cited by and citing cases may be incomplete.
Crime, Police, Magistrates
Updated: 14 July 2022; Ref: scu.266875
