Granting of summonses
Dear HM Courts and Tribunals Service,
What role/job can, by law, grant a summons and in what format/media are summons granted.
Please provide all recorded information, written Policies, training instructions, training manuals and internal memorandums and procedure and working etiquette manuals that that anyone who has the power to grant summonses are told about, given, shown or informed about in writing relating to the granting of summonses.
In law a decision by magistrates whether to issue a summons pursuant to information laid involves the exercise of a judicial function, and is not merely administrative.
A magistrate who issues a summons or warrant without applying his mind to the information and completing this judicial exercise will be ‘guilty of dereliction of duty’.
https://swarb.co.uk/regina-v-brentford-j...
Given the above, are there any special circumstances, legislation, law or directive that allows the granting of summonses in bulk, where many thousands of summonses are applied for in one go eg council tax summonses, where the magistrate is not obliged to ‘apply their mind’ to each individual summons?
Yours faithfully,
Mary Paul
Dear Mary Paul,
Thank you for your request dated 24^th Octoberin which you asked for the
following information from the Ministry of Justice (MoJ):
What role/job can, by law, grant a summons and in what format/media are
summons granted.
Please provide all recorded information, written Policies, training
instructions, training manuals and internal memorandums and procedure and
working etiquette manuals that that anyone who has the power to grant
summonses are told about, given, shown or informed about in writing
relating to the granting of summonses.
In law a decision by magistrates whether to issue a summons pursuant to
information laid involves the exercise of a judicial function, and is not
merely administrative.
A magistrate who issues a summons or warrant without applying his mind to
the information and completing this judicial exercise will be ‘guilty of
dereliction of duty’.
https://swarb.co.uk/regina-v-brentford-j...
Given the above, are there any special circumstances, legislation, law or
directive that allows the granting of summonses in bulk, where many
thousands of summonses are applied for in one go eg council tax summonses,
where the magistrate is not obliged to ‘apply their mind’ to each
individual summons?
Your request is being handled under the FOIA and has been assigned the
reference number 231024036.
The MoJ is required to provide you with a response within 20 working days.
I will send you a response to your request by 21^st November 2023.
Regards,
Siân Jones
Head of Legal and Professional Services | Secretary, Justices’ Legal
Advisers and Court Officers’ Service (formerly the Justices’ Clerks’
Society)
Legal Operations Team | Operations Directorate | HMCTS | Postpoint 6.10
|102 Petty France | London | SW1H
Web: [1]www.gov.uk/hmcts
[2]HM Courts and Tribunals English and Welsh logo
[3]Here is how HMCTS uses personal data about you.
[4]Dyma sut mae GLlTEM yn defnyddio data personol amdanoch chi
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References
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Dear Ms Paul,
Thank you for your request for information from the Ministry of Justice
(MoJ): Please find attached the response.
Regards,
Siân Jones
Head of Legal and Professional Services | Secretary, Justices’ Legal
Advisers and Court Officers’ Service (formerly the Justices’ Clerks’
Society)
Legal Operations Team | Operations Directorate | HMCTS | Postpoint 6.10
|102 Petty France | London | SW1H
Web: [1]www.gov.uk/hmcts
[2]HM Courts and Tribunals English and Welsh logo
[3]Here is how HMCTS uses personal data about you.
[4]Dyma sut mae GLlTEM yn defnyddio data personol amdanoch chi
══════════════════════════════════════════════════════════════════════════
This e-mail and any attachments is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail. Internet e-mail is not a
secure medium. Any reply to this message could be intercepted and read by
someone else. Please bear that in mind when deciding whether to send
material in response to this message by e-mail. This e-mail (whether you
are the sender or the recipient) may be monitored, recorded and retained
by the Ministry of Justice. Monitoring / blocking software may be used,
and e-mail content may be read at any time. You have a responsibility to
ensure laws are not broken when composing or forwarding e-mails and their
contents.
References
Visible links
1. http://www.gov.uk/hmcts
3. https://www.gov.uk/government/organisati...
4. https://www.gov.uk/government/organisati...
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