QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
MR JUSTICE WALKER
|THE CHIEF CONSTABLE OF NORTH WALES POLICE||Claimant|
|ASHFAQ GHANI||Interested Party|
WordWave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
The Defendant and Interested Party did not attend and were not represented
Crown Copyright ©
"Any court of summary jurisdiction may take cognizance of a complaint that a dog is dangerous, and not kept under proper control, and if it appears to the court having cognizance of such complaint that such dog is dangerous, the court may make an order in a summary way directing the dog to be kept by the owner under proper control or destroyed."
"... in their civil jurisdiction, what a magistrates' court have jurisdiction to try is a complaint, and what is required to give them that jurisdiction is that a complaint has been made to them. Their jurisdiction in criminal cases does not depend upon a summons or a warrant being issued and their civil jurisdiction does not depend upon a summons being issued."
"(1) An information may be laid or complaint made by the prosecutor or complainant in person or by his counsel or solicitor or any other person authorised in that behalf.
(2) Subject to any provision of the Act of 1980 and any other enactment an information or complaint need not be in writing or on oath."
"A complaint under section 51 may legitimately be made unaccompanied by the issue of a summons. It was common ground, as it was in the Divisional Court, that a complaint need not be in writing. It can be and sometimes still is made orally as for example when an aggrieved wife arrives in the office of the clerk to the justices and complains, perhaps vehemently, that her arrears of maintenance have not been paid and that she requires action to be taken to secure payment. This may or may not require a summons in order to secure the attendance of the allegedly defaulting husband."
"The forms contained in Schedule 2 to these Rules or forms to the like effect may be used, with such variation as the circumstances may require, in connection with proceedings in magistrates' courts."
"The laying of an information before or the making of a complaint to a justice of the peace or the clerk to the justices to my mind means, in reference to a written information or complaint, procuring the delivery of the document to a person authorised to receive it on behalf of the justice of the peace and the clerk to the justices. The acts of delivery and receipt are ministerial..."
AT DINAM FAWR FARM, CAERGEILIOG, ANGLESEY,
YOU, BEING THE OWNER OF A DOG ... WHICH WAS DANGEROUS AND WAS NOT KEPT UNDER PROPER CONTROL, COMPLAINT IS LAID BY PC 2184 JONES
WHO APPLIES FOR AN ORDER THAT THE DOG IS TO BE KEPT UNDER PROPER CONTROL OR DESTROYED
PURSUANT TO SECTION 2 OF THE DOGS ACT 1971."
"There is a marked distinction between the jurisdiction to take cognizance of an offence, and the jurisdiction to issue a particular process to compel the accused to answer it. The former may exist; the latter may be wanting.
Process is not essential to the jurisdiction of the justices to hear and adjudicate. It is but the proceeding adopted to compel the appearance of the accused to answer the information already duly laid, without which no hearing in the nature of a trial could take place ..."
"An information is nothing more than what the word imports, namely the statement by which the magistrate is informed of the offence for which the summons or warrant is required, and it need not be in writing unless the statute requires ... Principle and the authorities seem to shew that objections and defects in the form of procuring the appearance of a party charged will be cured by appearance."
Those passages were cited with approval by Lord Roskill in ex parte Hill (at pages 344-345).