Director of Public Prosecutions v Francis Long, Thomas Long and Amanda Johnston
| Jurisdiction | Northern Ireland |
| Judge | Girvan LJ |
| Judgment Date | 11 March 2008 |
| Neutral Citation | [2008] NICA 15 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2008 |
| Date | 11 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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4 cases
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JR 253's Application (Leave Stage) and in the matter of a decision of The Department of Education
...in this jurisdiction by the Court of Appeal see Re Neill’s Application [2016] NI 27 and Peifer v Castlederg High School and others [2008] NICA. 15 [50] It remains open to the applicant to avail of the enforcement mechanism provided by the 1998 Act by way of complaint to the Equality Commiss......
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McDonagh's (Rosaleen Angela) Application
...primary legislation and the legislature is perfectly entitled to take this step. [23] Secondly, although Mr McCann adverted to DPP v Long [2008] NICA 15, the effect of that decision, following the decision of the House of Lords in R v Manchester Stipendiary Magistrate (ex parte Hill) [1983]......
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Parker (Anthony) and Caldwell's (James) Application
...summons was a ‘sufficient complaint’ and Article 154 served to answer any objection as to substance or form. [25] Girvan LJ in DPP v Long [2008] NICA 15 followed the decision of the House of Lords in R v Manchester Stipendiary Magistrate ex p Hill [1983] AC 328 and stated: “The reasoning of......
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Western Trust v P & Q
...there and providing the form of summons for signature and issue by a judicial officer. It is a judicial function (DPP v Long and Johnston [2008] NICA 15). Typically, the date for hearing as provided for in the summons will be a matter of weeks ahead, although special authorisation by the ju......