Magistrates faced with a claim of abuse of process should recognise the wider responsibility for upholding the rule of law which must be that of the High Court. If a serious question arises as to the deliberate abuse of extradition procedures a magistrate should allow an adjournment so that an application can be made to the Divisional Court.
Judges:
Buxton LJ
Citations:
[1983] 1 WLR 108
Jurisdiction:
England and Wales
Cited by:
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, Magistrates
Updated: 28 July 2022; Ref: scu.244672