Devlin v McKee [2018] NICC 23 (21 Decmeber 2018)

The summons sufficiently identified the complainant as required by Rule 8(6), and even if there was a defect, it was cured by the defendant's appearance and participation in the proceedings. The Crown Court has jurisdiction to proceed.

Citation: [2018] NICC 23
Parties: Defendant: Francis Devlin; Defendant: Brendan McKee; Prosecutor: Public Prosecution Service (PPS)
Jurisdiction: Northern Ireland
Procedural Posture: Criminal / Pre Trial Application Challenging Jurisdiction and Validity of Transfer to Crown Court
Outcome: application refused
Legal Topics: Jurisdiction, Validity of Summons, Transfer of Proceedings, Technical Defects in Criminal Process

Criminal Law Criminal Procedure Jurisdiction Validity of Summons Transfer of Proceedings Technical Defects in Criminal Process

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Parties

Francis Devlin

Defendant

Brendan McKee

Defendant

Public Prosecution Service (PPS)

Prosecutor

Procedural Posture

Criminal / Pre Trial Application Challenging Jurisdiction and Validity of Transfer to Crown Court

Legal Issues

1 Whether the summons issued was valid under Rule 8(6) of the Magistrates’ Courts Rules (Northern Ireland) 1984
2 Whether the Crown Court has jurisdiction following the purported transfer under the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1998
3 Whether any defect in the summons or complaint invalidates the proceedings

Ratio Decidendi

Court Disposition

application refused

Orders

Applications to dismiss or stay proceedings for want of jurisdiction are refused.