A conviction or other judicial finding by an inferior tribunal is amenable to quashing by certiorari even if it was obtained without unfairness by the tribunal and without malpractice by the prosecutor or other complainant. Watkins LJ described what had gone wrong: ‘I would regard the mischief here as arising from a regrettable failure, in the police stores or other place under the control of the police, to take the simple precaution of ascertaining whether, having regard to the use for which the swabs were intended, [the] swabs were . . suitable . . It was as simple and unfortunate as that . . it is not suggested that dishonesty entered this affair at any stage.’ Quashing the convicrion, he said: ‘What happened here was that, there being no dishonesty, the prosecutor (a combination of police and CPS) corrupted the process leading to conviction in a manner which was unfair, for it gave the defendants no proper opportunity to decide whether to plead guilty or not guilty; indeed it wrongly denied them a complete defence to the charge.
Judges:
Watkins LJ
Citations:
[1991] QB 537
Cited by:
Cited – Regina (on the application of Marsh) v Lincoln District Magistrates’ Court Admn 2003
The court considered the power to quash a magistrates decision for an error on the part of the prosecutor.
Held: Munby J said: ‘In the first place, and as ex p Fox-Taylor and ex p A show, the jurisdiction is not confined to, although it is no . .
Cited – Harrison, Regina (on The Application of) v Birmingham Magistrate’s Court and Another CA 25-Mar-2011
The defendant appealed against a refusal of judicial review of an order that she forfeit a sum under the 2002 Act. 5,000 pounds in cash had been found at her house in a search for other matters. She had lied to the police about its provenance, but . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 02 May 2022; Ref: scu.430881
