Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Justice of the Peace

Justice of the Peace

Postby LoveandPeace » Tue Oct 24, 2017 3:08 pm

First of all I'm not sure I have the full details but curiosity is getting the better of me whilst I'm waiting for more information on this.

I have to state, I am not a driver before I explain the following.

A person (A) backed their car out of parking area within a Supermarket type parking area. As they backed out they didn't see the car coming up and they clipped the car and apparently something happened to the wheel of the car of person (B).

Person A wanted to call the police (so I have been told) but person B insisted they didn't.

I feel I might be missing some of the facts.

Person B is now taking person A to court, a trial has been set.

Person B is a Justice of the Peace and works in that court. Is that a conflict? Can Person A ask for the trial/case to be held at another court?

Does anyone know why they would insist the police were not called?

As I have said there might be more detail I need to get on this.
LoveandPeace
 
Posts: 83
Joined: Mon Jan 02, 2017 8:11 pm

Re: Justice of the Peace

Postby atticus » Tue Oct 24, 2017 3:22 pm

JPs do not sit in civil courts.

The question why he did not want to involve the police might be asked in cross examination of this person.
User avatar
atticus
 
Posts: 19701
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Justice of the Peace

Postby LoveandPeace » Tue Oct 24, 2017 3:44 pm

The Court does state it's a Justice of the Peace Court. They work in that court.

Should person A have inisisted on calling the police?
LoveandPeace
 
Posts: 83
Joined: Mon Jan 02, 2017 8:11 pm

Re: Justice of the Peace

Postby atticus » Tue Oct 24, 2017 3:52 pm

Which side of Hadrian's Wall? I had assumed it was South. As L P Hartley didn't say, Scotland is a foreign country; they do things differently there.
User avatar
atticus
 
Posts: 19701
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Justice of the Peace

Postby shootist » Tue Oct 24, 2017 10:41 pm

Person B can insist all he likes. If Person A wants the police there (assuming this occurred in a place where the police will actually give a toss) then person A should have called them. Does anyone know why person A didn't call the police? Someone 'insisting' that the police are not called is a red warning that they should be.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3539
Joined: Sat Aug 10, 2013 9:40 pm

Re: Justice of the Peace

Postby DannyJP » Fri Oct 27, 2017 9:05 am

A Justice of the Peace involved in any litigation or court proceedings should advise their Bench Chair so that a different court can be found for the trial and so that the Bench knows what is going on generally :)

It would not be acceptable for any trial to take place in a Court where there is a danger that the tribunal knows one of the parties.

If the trial is a civil trial in front of a Judge in a building where the JP sits occasionally that does not seem to be much of a danger, if it is a case of careless driving in front of Magistrates much more so!
User avatar
DannyJP
 
Posts: 81
Joined: Mon May 20, 2013 5:21 pm

Re: Justice of the Peace

Postby dls » Fri Oct 27, 2017 3:04 pm

Thank you Danny.
By the time a building holds both civil courts and magistrates courts it is likely to be a substantial business. The two court systems and staff will very likely be distinc.
A JP does not 'work' at a magistrates court. He will turn up every so often to hear cases. It may not bevery often, and his existence may not have been noticed by many outside his court.

That said, the case might be moved. How has it got to court? It appears indefensible. Why hasn't A settled?
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12195
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire


Return to Other Law

Who is online

Users browsing this forum: No registered users and 1 guest

cron