The issue of a summons by a magistrate is a judicial act: ‘The duty of a magistrate in considering an application for the issue of a summons is to exercise a judicial discretion in deciding whether or not to issue a summons. It would appear that he should at the very least ascertain: (1) whether the allegation is of an offence known to the law and if so whether the essential ingredients of the offence are prima facie present; (2) that the offence alleged is not ‘out of time’; (3) that the court has jurisdiction; (4) whether the informant has the necessary authority to prosecute. In addition to these specific matters it is clear that he may and indeed should consider whether the allegation is vexatious: see Rex v Bros.
Since the matter is properly within the magistrate’s discretion it would be inappropriate to attempt to lay down an exhaustive catalogue of matters to which consideration should be given. Plainly he should consider the whole of the relevant circumstances.’ and
‘In the overwhelming majority of cases the magistrate will not need to consider material beyond that provided by the informant. In my judgment, however, he must be able to inform himself of all relevant facts. Mr Woolf, who appeared as amicus curiae, and to whom the court is indebted for his assistance, submitted that the magistrate has a residual discretion to hear a proposed defendant if he felt it necessary for the purpose of reaching a decision.We would accept this contention.
The magistrate must be able to satisfy himself that it is a proper case in which to issue a summons. There can be no question, however, of conducting a preliminary hearing. Until a summons has been issued there is no allegation to meet; no charge has been made. A proposed defendant has no locus standi and no right at this stage to be heard. Whilst it is conceivable that a magistrate might seek information from him in exceptional circumstances it must be entirely within the discretion of the magistrate whether to do so.’
Lord Widgery CJ
[1979] 1 WLR 933
England and Wales
Citing:
Approved – Regina v Bros 1902
A magistrate should consider, before issuing a summons, whether it appears to be vexatious. . .
Cited – Regina v Wilson QBD 1957
‘The principle that, once the summing up is concluded, no further evidence ought to be given, must be maintained in every case, and, if further evidence is allowed at that stage, . . the conviction will be quashed.’ The court considered the nature . .
Cited by:
Cited – Regina v Newcastle Upon Tyne Magistrates’ Court ex parte Still, Lawlan, Davidson, Pryor, and Forrest Admn 18-Sep-1996
A man was accused of a series of mortgage frauds. The defendants each gave evidence to the court. He made a complaint of perjury against each of them. The current defendants sought judicial review of a refusal to discharge the summonses.
Held: . .
Cited – Augusto Pinochet Ugarte and In the Matter of an Application for Leave To Move for Judicial Review Regina v Evans (Metropolitan Stipendiary Magistrate) Admn 28-Oct-1998
A provisional warrant had been issued by a magistrate for the arrest of the former president of Chile when visting London. The arrest had been in response to an extradition request from a judge in Spain and related to allegations of criminal acts by . .
Cited – Jones v Whalley HL 26-Jul-2006
The appellant had assaulted the respondent. He had accepted a caution for the offence, but the claimant had then pursued a private prosecution. He now appealed refusal of a stay, saying it was an abuse of process.
Held: The defendant’s appeal . .
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 . .
Cited – Charlson, Regina (on the Application of) v Guildford Magistrates’ Court and others Admn 11-Sep-2006
The CPS had discontinued a prosecution. The magistrates were then asked to issue a summons for a private prosecution. The private prosecutor appealed against the refusal to issue the summons. A second summons was requested from a different . .
Approved – Green, Regina (on the Application of) v The City of Westminster Magistrates’ Court, Thoday, Thompson Admn 5-Dec-2007
The claimant appealed from the refusal by the magistrate to issue summonses for the prosecution for blashemous libel of the Director General of the BBC and the producers of a show entitled ‘Jerry Springer – The Opera.’
Held: The gist of the . .
Cited – Percy, Regina (on the Application of) v Corby Magistrates’ Court Admn 7-Feb-2008
The claimant sought judicial review of a decision of the magistrates not to issue summonses against two police officers. She had been demonstrating near a US base, but had refused to intervene and allowed a US officer to unlawfully arrest and detain . .
Cited – Scopelight Ltd and Others v Chief of Police for Northumbria CA 5-Nov-2009
The claimant sought return of items removed by the defendants under the 1984 Act. A decision had been made against a prosecution by the police. The police wished to hold onto the items to allow a decision from the second defendant.
Held: The . .
Cited – Browning v Lewes Crown Court and RSPCA Admn 24-Apr-2012
The claimant appealed against the refusal by the respondent to state a case regarding its conviction of the claimant of offences under the 2006 Act.
Held: In view of the case of Perkins, the application failed save that the Crown Court should . .
Cited – Ball v Johnson 29-May-2019
Summons granted for political lies allegation
(Westminster Magistrates Court) The court gave its reasons for acceding to a request for the issue of a summons requiring the defendant to answer a charge for three offences alleging misconduct in a public office.
Held: There was prima facie . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Criminal Practice
Leading Case
Updated: 01 November 2021; Ref: scu.237556