Practice and Procedure

IN THE MATTER OF AN APPLICATION BY KEVIN BARRY NOLAN FOR JUDICIAL REVIEW (2011)

PUBLISHED December 13, 2011
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[2011] NIQB 128

In committal proceedings, magistrates' courts did not have jurisdiction to determine an application for a stay of proceedings as an abuse of process based on an allegation of entrapment. Such a challenge did not relate to matters affecting the procedural fairness of exposing the accused to trial and would involve the scrutiny of evidential issues that should be dealt with at trial.

QBD (NI) (Morgan LCJ, Higgins LJ, Girvan LJ)

13/12/2011

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