The defendant was faced with a charge under the 1882 Act. The prosecution required that the consent of the Attorney-General be given before proceedings commenced. The consent was only given after he had been charged, but before the trial.
Held: Section 63 of the 1982 Act should be interpreted as meaning that instituting proceedings relates to the time when a person comes to court to answer the charge.
Citations:
(1985) 81 Cr App R 115
Statutes:
Administration of Justice Act 1982 63(1), Explosive Substances Act 1882 2, Prosecution of Offences Act 1979 6(1)(2)
Jurisdiction:
England and Wales
Citing:
Considered – Regina v Brentwood Justices ex parte Jones QBD 1979
Proceedings had begun by arrest without warrant. Lord Widgery CJ said: ‘that the proceedings commenced when the suspect was taken to the police station pursuant to such arrest, and when he was formally charged in the presence of a station officer, . .
Cited by:
Cited – Coulson v Newsgroup Newspapers Ltd QBD 21-Dec-2011
The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 28 May 2022; Ref: scu.450229
