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Old 05-06-2019, 21:52   #158
Hugh
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Re: Leadership who is the next PM?

Quote:
Originally Posted by Pierre View Post
He can’t be found guilty.
If it goes to a criminal trial, it’s one of the options.

A summary from a criminal law barrister.

https://www.legalcheek.com/2019/05/t...-happens-next/
Quote:
What happens next?

As I understand, there is already a judicial review of the district judge’s decision to issue a summons. I do not anticipate that this will be successful, there is a prima facie case to answer and the ruling suggests that there is more to the case than simply a political motivation.

The High Court, who will hear the application by way of case stated, will decide whether the decision was made unlawfully — it would appear not at face value. Alternatively, they will consider whether or not the decision is Wednesbury Unreasonable, a well-known legal test which means they will decide whether the decision is so unreasonable that no reasonable district judge could have reached it.

There does not appear to be anything unlawful about this decision, however, there will be extensive argument about each element of the offence. One particular area of consideration will be whether or not this is actually in the scope of public office, it is akin to the Carbolic Smoke Company ‘mere puff’. This will take time to consider and there may well be an application for an interim ruling not to issue the summons in the intervening period.

Assuming the judicial review is unsuccessful, there will be a summons issued and Johnson will be required to attend at Westminster Magistrates Court in the near future. It is not possible to say which date this will take place on. This hearing will be extremely short, Johnson will indicate a not guilty plea and the case will be sent to the crown court, probably at Southwark, for a plea trial and preparation hearing within 28 days of that date.
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