Regina v Manchester City Stipendiary Magistrate, ex parte S Nelson: CACD 1977

Challenge was made to the institution of fresh committal proceedings following the applicant’s discharge at an earlier committal hearing when, the prosecution’s application for an adjournment having been refused, no evidence was offered against him. The applicant contended that the prosecution’s only right was to apply for a voluntary bill of indictment.
Held: No question of autrefois acquit arises by reason of the earlier discharge. Any practice did not change that rule.


Lord Widgery CJ


[1977] 1 WLR 911


England and Wales

Cited by:

CitedRegina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis CA 22-Jan-2003
The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence.
Held: The tests of the two sets of hearings were . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 05 August 2022; Ref: scu.181628