Commissioner of Police v Adams

• Jurisdiction: Barbados
• Judge: Hanschell, J,Williams J.
• Judgment Date: 28 July 1972
• Docket Number: No. 3 of 1972
• Date: 28 July 1972
• Court: Divisional Court (Barbados)

Divisional Court

Hanschell, J; Williams J.

No. 3 of 1972

Commissioner of Police

and

Adams

Appearances:

E. Belgrave for the appellant.

Sir Theodore brancker, Q.C., for the respondenht.

Practice and procedure - Notice of Appeal

Facts: The Commissioner of Police appealed against a decision in which a magistrate dismissed an action — The defendant was charged with a traffic offence — The issues were whether the appeal was not in order since the appeal had not complied with the requirements of Magistrate's Jurisdiction and Procedure Act, 1956 and whether the Station Sergeant was competent to sign and serve the notice

Held: The Act was aimed at providing a practical and convenient method for the institution and conduct of matters in which the police are concerned — The Station Sergeant was competent to sign and serve the notice.

JUDGMENT OF THE COURT:

1 The respondent was charged before a magistrate of District “A” with a breach of reg. 72 (1) of the Motor Vehicles and Road Traffic Regulations 1952. It was alleged in the information lodged against him that on March 26, 1971, he had failed to comply with a “no entry” sign placed in the Public Buildings courtyard for regulating the flow of traffic.

2 When the matter came on for hearing counsel for the respondent submitted that the information was defective in that it did not refer to the statute under which the regulations had been made. The magistrate upheld the submission and dismissed the information.

3 When this appeal by the Commissioner of Police against the dismissal of the information came on for hearing, counsel for the respondent took the point in limine that the appeal was not in order since the appellant had not complied with all the requirements of the law for the purpose of perfecting his appeal. His point was that s. 134 of the Magistrates' Jurisdiction and Procedure Act 1956, No. 57, required the appellant to serve a written notice of grounds of appeal on the clerk. He also referred to Form 3 in the Appendix to the Magistrates' Courts ( Criminal procedure) Rules 1958, which provides for the formal notice to be signed by the appellant or his counsel or solicitor. In the matter before the court, he pointed out, the notice of grounds of appeal was signed by Station Sergeant Agard as the appellant and consequently in his view the appeal was not properly before the court. We overruled this submission and stated that our reasons would be given...