The applicants requested the magistrates court to issue summonses for a private prosecution on two allegations of perjury. The request was dealt with by the Justices’ Clerk, who refused it. He asked the other Justices to reconsider the request, and they refused.
Held: The consideration by the clerk was as by a Magistrate, and therefore the other Magistrates were unable to reconsider the request.
There is no obligation on a Magistrate to give written reasons why an application for a summons is granted or refused
Citations:
[1981] 1 WLR 413
Jurisdiction:
England and Wales
Cited by:
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
Updated: 05 July 2022; Ref: scu.638248
