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 magistrate] was obliged to come to a judicial conclusion on whether or not to issue either or both summonses, and that required a review of whether there were prima facie evidence of the ingredients of the common law offence. We have set them out. Had he conducted a rigorous analysis of the legal framework, he could not reasonably have concluded that there was such.’
As to the bringing of private prosecutions, the court stated: ‘The citizen enjoys the right to bring a private prosecution in England and Wales. It is an important safeguard against improper inaction by a prosecuting authority. It is, however, not unfettered . . ‘
Citations:
[2014] EWHC 613 (Admin)
Jurisdiction:
England and Wales
Cited by:
Cited – Kay and Another, Regina (on The Application of) v Leeds Magistrates’ Court and Another Admn 23-May-2018
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 . .
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.
Magistrates
Updated: 10 July 2022; Ref: scu.639246