Courts of Summary Jurisdiction
| DOI | 10.1177/002201836402800101 |
| Published date | 01 January 1964 |
| Date | 01 January 1964 |
| Subject Matter | Article |
The
Journal
of
Criminal Law
VOL.
XXVIII. No. I
Courts
of
Summary Jurisdiction
THE
PERILS OF A PRIVATE PROSECUTOR
THE time may not be far off when every motorist has his
own personal police officer assigned to him to guide
him
through
the maze of relevant Statutes and Regulations. Until
that
time comes, however,
the
motorist will have to fight his
own
battles-when
the police are not officially
involved-with
the
public at large: and vice versa. Agreat deal, of course,
depends
upon
astrongly rooted sense of responsibility on
both
sides and when aprivate individual complains to
the
courts of
an infringement of the Criminal Law,
the
courts will naturally
demand from him
the
same standard of strict proof
that
is
required from
the
Police or other authority in criminal cases.
A
Mr.
Ende
was
the
managing agent of a block of residen-
tial flats in Homsey, N.S, and the owners of this block had
thoughtfully provided garages for
the
tenants and acertain
amount of off-street parking. Nevertheless, atenant in the
flats, either for reasons of economy or convenience, had
chosen to leave either one or
the
other of his two vehicles
parked for long periods in
the
roadway outside
the
flats
obstructing the free passage of
the
highway and,
Mr.
Ende
alleged, restricting access to
the
service road and garages of
the
block of flats.
Mr.
Ende's complaints to the Police having produced
little result, he was compelled, so he said, to apply personally
to Highgate Magistrates'
Court
for process against
the
offen-
der. As a result of his informations he obtained nineteen
summonses against the person concerned in respect of the
vehicles which, he alleged, were on different dates causing
obstruction of the highway contrary to s. 121, Highways Act,
1959.
This
section makes it an offence for a person, without
lawful authority or excuse, to wilfully obstruct the free
passage along a highway.
I
CL--l
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