R v Canterbury and St Augustine Justices, Ex parte Klisiak

Subject Matter

JUSTICES — Committal proceedings — Prosecution's duty — Charges to be preferred — Prosecution offering no evidence on charges triable either on indictment or summarily — Whether justices' consent required to offering no evidence in committal proceedings — Prosecution preferring charges triable only summarily — Whether abuse of process of court

[1982] QB 398; [1981] 3 WLR 60

JUSTICES — Election for trial — Criminal damage — Value of property — Charge alleging damage over £200 — Election for trial — Second charge alleging damage under £200 — No evidence offered on first charge — “Representations” as to value of property — Whether evidence of value necessary — Whether series of offences charged — Whether right to elect trial by jury — Criminal Law Act 1977, s 23(1)(7)(a)

[1982] QB 398; [1981] 3 WLR 60

Commentary

Blackstones Criminal Practice 2025
Discontinuance of and Judicial Restraint on Criminal Prosecution - Offering No Evidence D3.60

Special Procedure for Criminal Damage Charges - Procedure on Criminal Damage Charges - Procedure for Determining the Value Involved D6.24

Adjustment of Charges to Dictate Allocation D6.36