The wife of an offender applied for an order of mandamus requiring Magistrates to determine an application under s.1 of the 1897 Act for delivery to her of a car which the Crown Court had held was used in an offence and then had made an order under section 43 of the 1973 Act.
Held: The Magistrates had been wrong to conclude that the issue of ownership had been determined in the Crown Court; it granted an order of manadamus.
Citations:
(1978) 67 Cr App R 133
Statutes:
Police Act 1897 1, Powers of the Criminal Courts Act 1973 43
Cited by:
Cited – O’Leary International Ltd v North Wales Police Admn 31-May-2012
The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for . .
Lists of cited by and citing cases may be incomplete.
Police, Magistrates
Updated: 06 May 2022; Ref: scu.464594
