Mr

Application by an individual to commence criminal proceedings by

issue of summons.

This is an application by to lay an information for the issue of a summons

alleging an offence under section 26. Criminal Justice & Courts Act 2015 against
Gillian Morley of the Humberside Police.

1). Mr has been invited to attend Grimsby Magistrates Court for an ex parte
private hearing and has declined the invitation.

2). I have read statements of evidence by Mr dated 2nd December 2015 and
th
25 April 2016, together with those exhibits which were sent to the Clerk to the
Justices.

3). I find that Mr is aggrieved at a decision of the Grimsby Magistrates Court in

October 2015 making or confirming a liability order in respect of allegedly unpaid
council tax. He complains that the order was achieved because a Local Authority
officer gave perjured evidence. He is aggrieved as well that the District Judge
(Magistrates Court) hearing and making the liability order was complicit in the perjury
and thus himself was guilty of perverting the course of justice.

4). I am told that no appeal has been lodged.

5). Mr invited the Police to investigate the alleged perjury. The Police declined
to. On 11th November 2015 Gillian Morley informed Mr that the matter did not
concern the police as it was a civil matter.

6). Mr complained that the decision of the Police not to investigate was an
improper exercise of a power in accordance with section 26 of Criminal Justice &
Courts Act 2015, and that that failure to investigate triggers his current application.

7). Mr has made a complaint to the Police. That has been rejected and Mr
is aggrieved by that.

8). I have referred myself to Stones Justices manual; and to R v West London
Metropolitan Stipendiary Magistrate ex parte Khan (1979) and in particular to the
explanation to the approach to issuing a summons by Lord Widgery C.J.

9). I have a discretion whether or not to issue a summons. I do not issue a summon
because the application is vexatious
(a) Mr seeks to proceed on an offence that is not designed for this type
of circumstance. Further the application overlooks the reasonable person test
in sections 26(4)(b) and 26 (5)(c).
(b) His grievance is really about the October 2015 order and the evidence of
the Local Authority.
(c) He has had the opportunity to appeal the October 2015 decision but he
has chosen not to.
(d) He appears to be using this application as a collateral attack to (b) above.

N P Hayles
Deputy District Judge (MC)
26/04/2016