The Director of Public Prosecutions, R (On the Application Of) v Sunderland Magistrates' Court

The Director of Public Prosecutions, R (On the Application Of) v Sunderland Magistrates' Court

The informations did not disclose all elements of the offence of misconduct in public office and were vexatious; the magistrate failed to properly exercise discretion and should have sought further information or advice before issuing the summonses.

Parties
Claimant: Director of Public Prosecutions; Defendant: Sunderland Magistrates' Court; Interested Party: Miss Williams; Interested Party: Mr Enzor
Jurisdiction
England and Wales
Judgment Date
31 January 2014
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed; summonses quashed
Legal Topics
Private Prosecution, Misconduct in Public Office, Judicial Review, Abuse of Process
Criminal Law Administrative Law Private Prosecution Misconduct in Public Office Judicial Review Abuse of Process

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Sunderland Magistrates' Court

Defendant

Miss Williams

Interested Party

Mr Enzor

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the summonses issued for misconduct in public office disclosed the necessary elements of the offence
  2. 2 Whether the informations were vexatious or an abuse of process
  3. 3 Whether the magistrate properly exercised discretion under section 1 Magistrates' Court Act 1980

Ratio Decidendi

The informations did not disclose all elements of the offence of misconduct in public office and were vexatious; the magistrate failed to properly exercise discretion and should have sought further information or advice before issuing the summonses.

Court Disposition

Claim allowed; summonses quashed

Orders

  • The informations dated 24 December 2013 are declared not to disclose all elements of the offence of misconduct in public office.
  • The informations are declared vexatious.