The King v Mitchell: 1913

The court considered the meaning of section 9 of the 1875 Act which read: ‘Where a person is accused before a Court of summary jurisdiction of any offence made punishable by this Act, and for which a penalty amounting to twenty pounds, or imprisonment, is imposed, the accused may, on appearing before the Court of summary jurisdiction, declare that he objects to being tried for such offence by a Court of summary jurisdiction, and thereupon the Court of summary jurisdiction may deal with the case in all respects as if the accused were charged with an indictable offence and not an offence punishable on summary conviction, and the offence may be prosecuted on indictment accordingly.’
Held: A declaration of objection to being tried by a Court of summary jurisdiction was duly made by a person accused of an offence made punishable by the Act who was entitled to object. Accordingly he had a right to trial by jury and that the justices were bound to give effect to his claim and had no jurisdiction to try the case.


[1913] 1 KB 561


Conspiracy and Protection of Property Act 1875 9

Cited by:

CitedPadfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Lists of cited by and citing cases may be incomplete.

Administrative, Magistrates

Updated: 18 May 2022; Ref: scu.272549