Charlson, R (on the application of) v Guildford Magistrates' Court & Ors

Charlson, R (on the application of) v Guildford Magistrates' Court & Ors

The magistrates erred in law by applying the wrong test and requiring special circumstances or new evidence before issuing a summons for a private prosecution after the CPS discontinued proceedings. The correct approach is that the tests for Crown Prosecutors do not apply to private prosecutions, and magistrates...

Source-derived case information.

Parties
Claimant: Ian Charlson; Defendant: Guildford Magistrates' Court & Ors; Interested Party: Victoria Walsh
Jurisdiction
England and Wales
Judgment Date
11 September 2006
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed; all three magistrates' decisions quashed.
Legal Topics
Private Prosecution, Issue of Summons, Discontinuance by CPS, Magistrates' Discretion
Criminal Law Judicial Review Private Prosecution Issue of Summons Discontinuance by CPS Magistrates' Discretion

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Parties

Ian Charlson

Claimant

Guildford Magistrates' Court & Ors

Defendant

Victoria Walsh

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 How should magistrates approach applications to issue summonses for private prosecutions after the CPS has discontinued a prosecution for the same conduct?
  2. 2 Are the tests for Crown Prosecutors applicable to private prosecutions?
  3. 3 Were the three challenged magistrates' decisions legally flawed?

Ratio Decidendi

The magistrates erred in law by applying the wrong test and requiring special circumstances or new evidence before issuing a summons for a private prosecution after the CPS discontinued proceedings. The correct approach is that the tests for Crown Prosecutors do not apply to private prosecutions, and magistrates should consider the basic criteria set out in ex parte Klahn. All three challenged decisions are quashed.

Court Disposition

Application allowed; all three magistrates' decisions quashed.

Orders

  • The decisions of the Guildford Magistrates of 3rd October 2005 and 3rd May 2006 are quashed.
  • The decision of South West Magistrates of 7th April 2006 is quashed.