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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am interested to know does a judge at any level have a power,

Customer Question

I am interested to know does a judge at any level have a power, and or a duty to refer to the relevant authorties a crime that is raised before him for investigation
eg lets say during a case, it becomes clear that a theft has been committed, or a murder or something - is it within the judges power to say - I am refering that matter to CPS, or to Minister or to the Information Commissioner or to the FSA or ven the police for investigation.

And is there any case law on this/

I would have thought its an inherent power of the court
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this

Thankyou for your question I will get back to you shortly.
Customer: replied 3 years ago.

ok thanks

Customer: replied 3 years ago.

it says you need more information but there was no question…..


so presume you are taking time to reply

Expert:  Jo C. replied 3 years ago.
No, sorry I did respond and it didn't come out. I am sorry!

Can you tell me what type of case was before the court?

What type of judge please?
Customer: replied 3 years ago.

it was the chamber president of the first tier tribunal in case before him so quiet senior and he is also a judge of the Upper tribunal


 


so bound I think by any high court or appeal or higher case law

Expert:  Jo C. replied 3 years ago.
Ok. Thanks.

Yes, any court can refer an apparent crime to the police.

As a general rule, they do not often unless its actually something like perverting the course of justice or perjury. There are lots of reasons for that. One is that non criminal judges often don't know the criminal law!

However, yes in principle such a report can be made.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

thank you and helpful all i need is some proof of this - is there a case, or a statute or how do you come to this position. what is the proof - what is the principle called for example, where is it found.


I just need some proof.

Expert:  Jo C. replied 3 years ago.
I'm not sure what you mean?
Customer: replied 3 years ago.

Well you say its like this but the other side says its not.


So I would like to say under common law


or in case XYZ


or by action 13 b of statute x


any court can refer an apparent crime to the police or any relevant authority for example if there was fraud by a bank the courts can refer it for investigation to the Financial services authority.


I want to make sure there is a power of referral not just to the police but to any relevant body - the issue is the power of the courts to refer.


thanks for all this

Expert:  Jo C. replied 3 years ago.
I'm really sorry but I'm not sure I've understood you?

There is a power of referral but only the same as any ordinary citizen has.

Customer: replied 3 years ago.

Well not sure if I can make it clearer - you say there is a power of referral


I say for example you are wrong - not there is not - so you have to prove it. Say every citizen in the land has the power to refer judges included.


or judges cannot as its not within their remit


 


Is there any rule which says a judge cannot refer as its outside his remit - e.g. its a civil court or whatever


 


on what do you base your reply - some proof or reason

Expert:  Jo C. replied 3 years ago.
I am really sorry but I cannot add any more.

Any tribunal can make a referral to the police or other authority if minded to do so.
Customer: replied 3 years ago.

ok just on what basis do you say this - is it common law or what.


there must be a reason why you say Any tribunal can make a referral to the police or other authority if minded to do so.


why do you?

Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Inherent powers are by their very nature inherent i.e. they are not conferred upon the courts by any express provision but they are residual in nature.

There is a good article here which explains these common law powers:

http://www.pja.gov.pk/?q=system/files/Inherent_Jurisdiction_0.pdf

Hope this helps

UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Uk solicitor JA I would prefer to use you in future.


The barrister did not even use the term inherent soI think that you have answered my question not the barrister.


and am happy the fee goes to you not the barrister

Expert:  UKSolicitorJA replied 3 years ago.
Thank you very much. You may leave a rating for my answer so that I am credited for my time.

Customer: replied 3 years ago.

can't find where to click this

Expert:  UKSolicitorJA replied 3 years ago.
All done. Many thanks

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