The defendant had been convicted of an offence in Portugal and sentenced to imprisonment. He was given an order for voluntary departure, but his lawyers did not file an appeal. When a European Arrest Warrant was issued, he now sought an order for judicial review of SOCA’s decision not to resist the warrant, citing problems … Continue reading Mann, Regina (on The Application of) v The City of Westminster Magistrates’ Court and Others: Admn 19 Jan 2010
The defendant had written to the court to request an adjournment. The case proceeded in his absence. Held: Justices have a broad discretion on the re-opening case after a conviction had been entered in the Defendant’s absence. The defendant retained a right of appeal under s108. The absence was the defendant’s entire responsibility. The court … Continue reading Regina v Newport Justices Ex Parte Carey; Regina v Gwent Magistrates Court, ex parte Carey: QBD 16 Jul 1996
The claimant sought judicial review of the magistrates refusal to set aside a conviction entered in his absence. He had been in custody and not produced for the hearing. Held: The review was granted. The judge had not established that the defendant was at fault in not attending. Citations: [2007] EWHC 2766 (Admin) Links: Bailii … Continue reading Morsby v Tower Bridge Magistrates’ Court: Admn 31 Oct 2007
The defendant had been convicted of speeding. At the time the road was thought to be subject to the 30 mph limit but was in fact subject only to the national speed limit. Her solicitors had delayed their application for judicial review. Held: ‘Where an unjust sentence has been imposed upon a claimant, then, notwithstanding … Continue reading Harrison, Regina (on the Application Of) v Flintshire Magistrates’ Court: Admn 13 Oct 2004
The Court’s convenience does not justify a trial in the absence of the defendant. Citations: Times 16-Mar-1994 Statutes: Magistrates Courts Act 1980 142 Criminal Practice Updated: 09 April 2022; Ref: scu.86537
In convicting the defendant, the magistrates announced that they had done so on the balance of probabilities. At a later hearing magistrates sought to set aside the decision and relist the case for a new hearing. They refused to state a case. The defendant sought judicial review. Held: Magistrates did not have power of their … Continue reading Rhodes-Presley, Regina (on the Application of) v South Worcestershire Magistrates’ Court: Admn 9 Oct 2008
Citations: [1998] EWHC Admin 636 Links: Bailii Statutes: Prosecution of Offences Act 1985 16, Magistrates Courts Act 1980 142(1) Criminal Practice, Magistrates Updated: 27 May 2022; Ref: scu.138757
Once the charges had been withdrawn by the prosecutor, the former defendant was no longer an accused, and the magistrates had no power to re-open the case to alter an order for costs they had made. Citations: Times 27-Jul-1998 Statutes: Magistrates Courts Act 1980 142(1) Cited by: Cited – Regina v Thames Magistrates’ Court ex … Continue reading Coles v Camborne Justices: QBD 27 Jul 1998
The power of a magistrate to make a subsequent order correcting an earlier one was wide. The section gave wide powers, including the power to revoke an order for an overnight detention. Magistrates should not forget that the purpose of the system for collection of fines, was to collect the fine, and not further to … Continue reading Regina v Sheffield City Justices, Ex Parte Foster: QBD 2 Nov 1999
The defendant effectively sought to appeal against his conviction on his own guilty plea to possession of wild bird eggs. They had been collected before possession itself was made an offence, and he had received them before the 2004 Act, after which only the person originally collecting an egg could lawfully possess it. He said … Continue reading Dodsworth v Crown Prosecution Service: Admn 8 Nov 2010
The defendant, a 12 year old boy , had been charged, with others, with offences of violence. He denied the charges. He objected to his interview with admissions being used. On being admitted he then pleaded guilty. Later cases against co-defendants . .
Application for judicial review of refusal of magistrates to allow adjournment of a hearing. Judges: Roch LJ, Potts LJ Citations: [1998] EWHC Admin 191 Links: Bailii Statutes:
The defendant had pleaded guilty by post, but on being called to court to face a possible disqualification from driving he was refused the chance to re-open his plea. The action had been begun under the written charge procedure introduced by the 2003 Act. The notification he had been given said that the conviction dated … Continue reading Rymer v Director of Public Prosecutions: Admn 21 Jul 2010
The defendant entered an unequivocal plea of guilty before the magistrates and was committed for sentence. By the Crown Court. After sentence, he sought to set aside the plea, wanting to file a defence under the 2015 Act, and requested a direction allowing that under section 142 of the 1980 Act. He was refused. Held: … Continue reading Harvey v Director of Public Prosecutions: Admn 29 Jan 2021
The defendant had been convicted of dangerous driving. The victim’s mother complained of the leniency of the sentence, and the magistrates purported to re-open the sentencing under section 142, saying they had been unaware of the very serious nature of the injuries caused. Held: The extent to which a victim’s views could be allowed for … Continue reading Holme v Liverpool City Justices and Another: Admn 6 Dec 2004
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
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