A private prosecution was started by summons.
Held: The court accepted that justices were entitled to exercise their discretion not to issue one, a comforting re-assurance that the magistrates were not obliged to ‘rubber stamp’ the process by which a prosecution might be started. They had been right not to issue a murder summons after a civil court declaration.
Citations:
Times 28-Apr-1994
Cited by:
Cited – Levey, Regina v CACD 27-Jul-2006
The defendant appealed against his conviction of manslaughter of his baby son. He said that a family court had previously investigated the same allegations and had explicitly found itself unable to say which of himself and the mother were . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 09 April 2022; Ref: scu.86132