A magistrate should consider, before issuing a summons, whether it appears to be vexatious.
Judges:
Lord Alverstone CJ
Citations:
(1902) 85 LT 581
Jurisdiction:
England and Wales
Cited by:
Approved – 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 – Regina v Newcastle Upon Tyne Magistrates’ Court ex parte Still, Lawlan, Davidson, Pryor, and Forrest Admn 18-Sep-1996
A man was accused of a series of mortgage frauds. The defendants each gave evidence to the court. He made a complaint of perjury against each of them. The current defendants sought judicial review of a refusal to discharge the summonses.
Held: . .
Cited – Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 14 May 2022; Ref: scu.237557