Charlson, R (on the application of) v Guildford Magistrates' Court & Ors, Court of Appeal - Administrative Court, September 11, 2006, [2007] 3 All ER 163,[2006] EWHC 2318 (Admin),[2006] 1 WLR 3494

Reporting Judge: [2007] 3 All ER 163,[2006] EWHC 2318 (Admin),[2006] 1 WLR 3494

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

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Charlson, R (on the application of) v Guildford Magistrates' Court & Ors, Court of Appeal - Administrative Court, September 11, 2006, [2007] 3 All ER 163,[2006] EWHC 2318 (Admin),[2006] 1 WLR 3494

SMITH BERNAL WORDWAVE

CO/3800/2006

Neutral Citation Number: [2006] EWHC 2318 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Monday, 11th September 2006

B E F O R E:

MR JUSTICE SILBER

- - - - - - -

THE QUEEN ON THE APPLICATION OF IAN CHARLSON

(CLAIMANT)

-v-

GUILDFORD MAGISTRATES' COURT & ORS

(DEFENDANT)

and

VICTORIA WALSH

(INTERESTED PARTY)

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Computer-Aided Transcript of the Stenograph Notes of

Smith Bernal Wordwave Limited

190 Fleet Street London EC4A 2AG

Tel No: 020 7404 1400 Fax No: 020 7831 8838

(Official Shorthand Writers to the Court)

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MR J TURNER QC & MISS R BURNS (instructed by ATTRIDGE LAW, LONDON SW11) appeared on behalf of the CLAIMANT

THE DEFENDANTS AND THE INTERESTED PARTY DID NOT APPEAR AND WERE NOT REPRESENTED

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J U D G M E N T 1. MR JUSTICE SILBER:

I INTRODUCTION

2. This application raises the question of how magistrates should approach and resolve applications to issue summonses for private prosecutions after the Crown Prosecution Service had discontinued a prosecution in respect of the same conduct. Mr James Turner QC, counsel for the claimant, has contended in three separate decisions that errors have been made. He also submits that the law ...

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