The defendants appealed, complaining of defects in the commital procedure.
Held: The proceedings committing the defendants for trial were so defective that there was no lawful committal. It followed that the document purporting to be an indictment was not an indictment and the appellants could not be tried on it. Goddard J said: ‘Considering that since 1933 a committal by magistrates is substituted for a presentment by a grand jury, it is of the greatest importance that there should be no deviation from the requirements of the Statute’.
Lord Hewart CJ, du Parcq and Goddard JJ
[1936] 2 KB 442
Administration of Justice (Miscellaneous Provisions) Act 1933 2(2)
England and Wales
Cited by:
Cited – Clarke, Regina v; Regina v McDaid HL 6-Feb-2008
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence.
Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 September 2021; Ref: scu.267617