A conviction by magistrates was said to be erroneous on its face, having failed to exclude a possible defence. The prosecutor objected to an application that it be quashed, saying ‘that the defendant having elected to appeal to the sessions, the certiorari was in effect taken away by the Act, because it said that the determination of the session should be final.’
Held: ‘That would be against all authority; for the certiorari being a beneficial writ for the subject, could not be taken away without express words . .’
Judges:
Lord Kenyon CJ
Citations:
(1800) 8 Term Rep 542, [1800] EngR 151, (1800) 8 TR 536, (1800) 101 ER 1533
Links:
Cited by:
Cited – Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application CA 25-Feb-1957
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final.
Held: In . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 13 May 2022; Ref: scu.222193
