Director of Public Prosecutions v Francis Long, Thomas Long and Amanda Johnston

JurisdictionNorthern Ireland
JudgeGirvan LJ
Judgment Date11 March 2008
Neutral Citation[2008] NICA 15
CourtCourt of Appeal (Northern Ireland)
Year2008
Date11 March 2008
1
Neutral Citation no. [2008] NICA 15 Ref:
GIR7113
Judgment: approved by the Court for handing down Delivered:
11/03/08
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
BETWEEN:
DIRECTOR OF PUBLIC PROSECUTIONS
Complainant/Appellant;
-and-
FRANCIS LONG, THOMAS LONG AND AMANDA JOHNSTON
Defendants/Respondents.
_________
Campbell LJ, Higgins LJ and Girvan LJ
GIRVAN LJ
Introduction
[1] This is an appeal by way of case stated from a decision and order made
by Mr McKibbin, (“the Resident Magistrate”), on 16 March 2007 in the
Magistrates’ Court for the Petty Sessions District of Belfast and
Newtownabbey. He held that he did not have jurisdiction to hear three
summonses issued against the three respondents in the case.
[2] Each respondent was charged with an obstruction offence under
Article 20(1) of the Public Order (Northern Ireland) Act 1987. The Resident
Magistrate recorded that
(a) in each case the complaint was made to a lay magistrate on 3 March
2006.
(b) in the case of Amanda Johnston on 22 June 2006 a different lay
magistrate signed and dated the summons to the defendant to answer the
complaint requiring the defendant’s attendance at Laganside Courthouse on
10 October 2006 for this purpose; and

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