by TheJusticeofthePeace @ 01. Jan.
2011. – 15:38:54
In my time on the bench I have
sat on perhaps one or two sect. 6[1] committals. As I recall they have not been
subject to any training I have undergone. They have rarely been alluded to in
the normal course of events. I have sat on many dozens of cases brought by the
Dept. of Work and Pensions. None has involved a 6[1] committal. But it seems
that this form of process is alive and kicking in Blackburn
where the chairman of the Lancashire Council of Mosques is facing a
magistrates` bench in February who will decide if he should face benefit fraud
charges. There will be no oral evidence and the defence are not entitled to
present any evidence at all, documentary or otherwise. The bench can discharge
the defendant, but this is a comparatively rare occurrence because the
prosecution only need to show that there is "sufficient evidence to put
the defendant on trial" which is a low burden (equivalent to showing that
there is a case to answer).
The defendant by his position
could be called high profile. Perhaps somebody with knowledge and/or authority
can offer an opinion as to how common such proceedings are?
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