The applicant sought that summonses be set aside as an abuse of process, being begun to embarrass him as he set out to become an MP. Thirty one private summonses had been issued.
Held: Of the summonses to be continued it could not be said that they had no prospect of success or that they were merely technical. Whilst the Director of Public Prosecutions might properly interfere to drop the cases, it was not for the court to do do. Gage J: ‘As to in what circumstances the court will intervene the authorities go no further than to describe those circumstances in general terms, using such words and phrases as oppressive, vexatious, truly oppressive or a manipulation of the court’s process. All the authorities show it will be only in rare and exceptional cases that this court will intervene. ‘
Citations:
[1997] EWHC Admin 851
Citing:
Cited – Regina v Baines 1909
In a very rare case the court will be willing to exercise its supervisory jurisdiction to prevent an abuse of the court process by an action designed with improper motives: ‘There can be no doubt as to the jurisdiction of the Court to interfere . .
Cited – Director of Public Prosecutions v Humphrys HL 1977
Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. . .
Cited – Moevao v Department of Labour 1980
(New Zealand) Richardson J said: ‘The justification for staying a prosecution is that the court is obliged to take that extreme step in order to protect its own processes from abuse. It does so in order to prevent the criminal processes from being . .
Cited – Hunter v Chief Constable of the West Midlands Police HL 19-Nov-1981
No collateral attack on Jury findigs.
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many . .
Cited – Regina v Bow Street Stipendiary Magistrate Ex Parte South West Shipping and Others QBD 22-Jul-1992
Rights to private prosecution and takeover by DPP were examined: ‘Section 3(2) and section 6 [of the Prosecution of Offences Act 1985] make a coherent and consistent framework in which the right of a private citizen to bring a prosecution is . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Company
Updated: 12 April 2022; Ref: scu.137796
