swarb.co.uk - law index
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Magistrates - From: 2004 To: 2004
This page lists 30 cases, and was prepared on 02 April 2018.
Hayes v Director of Public Prosecutions [2004] EWHC 277 (Admin)
2004
Admn
Road Traffic, Magistrates
Absence of caution from form requesting information form driver.
1 Cites
Tracy, Regina (on the Application Of) v Bangor Magistrates' Court [2004] EWHC 172 (Admin)
21 Jan 2004
Admn
Magistrates, Road Traffic
[ Bailii ]
Dunlop, Regina (on the Application Of) v Director of Public Prosecutions [2004] EWHC 225 (Admin)
22 Jan 2004
Admn
Magistrates
Magistrates' Court Act 1980 142(2)
[ Bailii ]
White, Regina (on the Application of) v the Justices of Barking Magistrates' Court [2004] EWHC 417 (Admin)
25 Feb 2004
Admn
Stanley Burnton J
Criminal Sentencing, Magistrates
A court was correct to refuse to enforce an expectation which was assumed to be otherwise legitimate on the basis that a sentence passed in accordance with that expectation would have been outside the range available to the sentencing court and therefore unlawful.
1 Citers
[ Bailii ]
Evans, Regina (on the Application of) v Chester Magistrates Court [2004] EWHC 536 (Admin)
15 Mar 2004
Admn
Magistrates, Legal Aid
[ Bailii ]
A (A Child), Regina (on the Application of) v Leeds Magistrate's Court and Another [2004] EWHC 554 (Admin); Times, 31 March 2004
19 Mar 2004
Admn
Criminal Practice, Magistrates
The father sought judicial review of an anti-social behaviour order (ASBO) made in respect of his son. Held: Although the child's best interests remained a primary consideration when making such an order, they were not the primary consideration. Where it was not alleged that the behaviour did not justify an order and application for judicial review was inappropriate.
Crime and Disorder Act 1998 1D
1 Cites
[ Bailii ]
Tuck v Vehicle Inspectorate [2004] EWHC 728 (Admin)
24 Mar 2004
Admn
Kennedy LJ, Kackay J
Road Traffic, Magistrates
The defendant appealed a conviction for exceeding the gross permitted weight on a goods vehicle. The magistrates having heard the case, the defendant submitted there was no case to answer, the prosecution having failed to bring evidence as to the plate attached to the vehicle. The magistrates allowed the inspector to be recalled. Held: The magistrates' had a limited discretion to allow a party to re-open his case. In this case the additional evidence was not merely formal and technical, but no loss had been occasiond to the defendant. Appeal dismissed.
Road Vehicles (Construction and Use) Regulations 1986 80(10(b)
1 Cites
1 Citers
[ Bailii ]
Marlon Miller v Director of Public Prosecutions [2004] EWHC 595 (Admin); Times, 07 June 2004
25 Mar 2004
Admn
Mr Justice Richards
Magistrates, Road Traffic, Human Rights
The defendant pleaded guilty by post in March 1999 to speeding offences. The magistrates wanted to consider and (unlawfully) issued a warrant backed for bail. The warrant was not served until 2001. The appeal took a further long period. Held: The delay was so unreasonable for this kind of case as to amount to an infringement of the defendant's rights. There had been no difficulty created however in deciding the case, and therefore the conviction stood. The issue was remedied to the extent possible, by treating the delay as an exceptional hardship, and reducing the consequent totting up disqualification to 5 months. An order for costs was confirmed against the CPS.
European Convention on Human Rights 8
[ Bailii ]
Regina (Denny) v Acton Youth Court Times, 03 June 2004; [2004] EWHC 948 (Admin)
21 Apr 2004
Admn
Maurice Kay LJ, Crane J
Criminal Practice, Magistrates
The defendant had been committed by the Youth Court to the magistrates court for sentence for attempted robbery. At the time of the offence he had been 17, but on conviction he had attained 18. The district judge had declared that he had no jurisdiction. Held: The offence could only be tried in the Crown court, and therefore the magistrates could only remit him to the crown court for sentence for an indictable only offence..
Powers of Criminal Court (Sentencing) Act 2000 9(1)
[ Bailii ]
Durham County Council v North Durham Justices [2004] EWHC 1073 (Admin)
27 Apr 2004
Admn
Road Traffic, Magistrates
Whether magistrates could adjourn cases to allow personal service of summonses.
Magistrates' Courts Rules 1981 99
[ Bailii ]
M and W, Regina (on the Application of) v West London Youth Court [2004] EWHC 1144 (Admin)
30 Apr 2004
Admn
Leveson J
Magistrates, Criminal Sentencing
The court considered how the sentencing of a youth should be approached: "Whether there is a real prospect that a custodial sentence of, or in excess of, 2 years might be required, or is there any unusual feature of this case which might justify a sentence of less than two years, pursuant to section 91(3), for which purpose the absence of a power to impose a detention and training order because the offender is under the age of 15 is not an unusual feature?"
Magistrates' Court Act 1980 24
1 Citers
[ Bailii ]
Atkinson v Director of Public Prosecutions [2004] EWHC 1457 (Admin); [2005] 1 WLR 96
12 May 2004
Admn
Auld LJ
Magistrates
The court considered how to apply the time limits in the section. There was a system for automatic electronic communication between the police and the court office. The six month time limit expired on the 16th December. The documents served on the defendant showed an "information date" of 10th December, but the summons was dated the 9th January. It transpired that the information date referred to the first date upon which any data relating to the case were entered on the computer. That data may only have been the bare bones of the incident in question for example the offence and the date and not sufficient to amount to an information. The entry could then have been amended at any time thereafter without any record being made of such amendment. Once the police were satisfied that the information was complete, the entry would have been "validated". It was only when the details had been "validated" that the computer at the court would generate the summons. The defendant argued for abuse of process. Held: The issue was really one of jurisdiction. It was for the prosecutor to prove compliance,
Auld LJ said: "The data giving rise to the printing of the summons in the magistrates' court shortly after the effluxion of the time limit may or may not have been in sufficient form at the initial data entry date or over the few days thereafter before the effluxion of that limit." and "It may be that the computer can be programmed so as to make readily retrievable any entries and their dates between the initial entry date and that of printing of the summons. Or it may be that it could be programmed so that there is no communication of entries on the police system to the magistrates' court terminals until validation, so that the date of validation would patently be the date of the laying of the information before the magistrates."
Magistrates Courts Act 1980 127
1 Cites
1 Citers
[ Bailii ]
Regina on the Application of Paul Rackham Limited v Swaffham Magistrates' Court- and -the Environment Agency [2004] EWHC 1417 (Admin)
22 Jun 2004
Admn
Mr Justice Toulson The Honourable Mr Justice Newman
Magistrates
Refusal to state case
[ Bailii ]
Regina on the Application of Keating v Knowsley Metropolitan Borough Council [2004] EWHC 1933 (Admin)
22 Jul 2004
QBD
Mr Justice Harrison
Magistrates, Children
Refusal of magistrates to make order prohibiting disclosure of child's name on application for anti-social behaviour order.
Children and Young Persons Act 1933 39 - Crime and Disorder Act 1998 1D
[ Bailii ]
Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court [2004] EWHC 1805 (Admin); Times, 12 August 2004
23 Jul 2004
QBD
Lord Justice Kennedy Mr Justice Treacy
Magistrates, Criminal Practice
The DPP sought directions as to the issuing of voluntary bills of indictment to have transferred to the Crown Court, allegations of robbery against youths between 12 and 14. Held: A child convicted of an offence for which an adult would receive a custodial sentence can receive a maximum youth training order of 24 months. Such an order is available for a child under 15 if he is a persistent offender. If the offence is grave, and an adult might be punished with 14 years or more, the Youth Court can transfer the case to the Crown Court which can order his detention to the same maximum as an adult. Because of the unfairnesses of the voulntary bill procedure, a prosecutor seeking to have a matter transferred to the Crown Court, should normally take the matter for judicial review.
Magistrates Courts Act 1980 24(1) - Powers of Criminal Courts (Sentencing) Act 2000 91 100 101
1 Cites
[ Bailii ]
C, Regina (on the Application Of) v Grimsby and Cleethorpes Magistrates Court [2004] EWHC 2240 (Admin)
28 Jul 2004
Admn
Magistrates
A magistrates court having made a decision as to whether or not to decline jurisdiction may not revisit that decision.
Magistrates' Court Act 1980 &
1 Citers
[ Bailii ]
Brighton and Hove City Council v Brighton and Hove Justices and Hamdan [2004] EWHC 1800 (Admin)
29 Jul 2004
QBD
Mr Justice Burnton
Rating, Magistrates
Stanley Burnton J said that he had no doubt that the appropriate procedure for challenging decisions relating to liability orders is by way of case stated: " the appropriate procedure to challenge the decision of the justices of 28 May 2003 was by appeal by way of case stated. This is the normal procedure for challenging errors of law by justices. It has a number of advantages, not the least of which is that the discipline of a case stated normally ensures that the High Court has before it a statement by the justices of the issues they had to decide, the evidence before them, their findings of fact and the reasons for their decision. If the case stated is defective (because, for example, the justices' statement of their findings of fact is ambiguous), it may be remitted to them for amendment: see the Practice Direction to Part 52 at 52PD.76. The reasons of the justices in the present case are relatively informal, and do not include what I would expect to see in a case stated. Furthermore, in an appeal by way of case stated, this Court is able to make any order that the lower court might have made: see CPR Part 52.10 (1). The powers of this court on judicial review are more limited: it can quash the lower court's order and order it to make another order only if that other order is the only one properly open to it."
1 Citers
[ Bailii ]
Flaherty, Regina (on the Application Of) v Stoke-On-Trent Magistrates' Court [2004] EWHC 2118 (Admin)
5 Aug 2004
Admn
Criminal Sentencing, Magistrates
[ Bailii ]
W, Regina (on the Application of) v Camberwell Youth Court and Another [2004] EWHC 2211 (Admin)
10 Sep 2004
Admn
Collins J
Magistrates, Criminal Practice
The defendant sought a Judicial review of the magistrates' decision to adjourn case at request of prosecutor. The prosecutor had failed to comply with its disclosure obligations, and de-warned its witnesses before the date fixed for trial. Held: The justices' decision had been lawful. The defendant was unable to establish any prejudice to him in the adjournment beyond, which was not relevant, any lost opportunity to proceed without prosecution witnesses. To set such a decision aside the court would have to be faced with a decision which could not be supported or was irrational.
1 Cites
[ Bailii ]
Crown Prosecution Service, Regina (on the Application of) v Blaydon Youth Court [2004] EWHC 2296 (Admin)
6 Oct 2004
Admn
Keene LJ, Hallett J
Magistrates
The defendant had been charged with a simple offence under the Public Order Act and also with the racially aggravated offence. The magistrates refused to hear them together. Held: This was wrong. Keene LJ said: "For the prosecutor, Mr Moran contends that the justices are not required by section 9 of the Magistrates' Courts Act 1980 to convict on the lesser offence if they convict on the racially aggravated charge. He relies on the decision of this court in the Director of Public Prosecutions v Gane [1991] Crim LR 711 where it was held that the justices, when dealing with alternative offences, could adjourn the lesser charge sine die or, alternatively, convict but impose a nominal sentence.
That seems to me to be right."
Magistrates' Courts Act 1980 9
1 Citers
[ Bailii ]
London Borough of Newham, Regina (on the Application of) v Stratford Magistrates' Court [2004] EWHC 2506 (Admin)
12 Oct 2004
Admn
Davis J
Consumer, Magistrates
1 Cites
1 Citers
[ Bailii ]
McCubbin, Regina (on the Application of) v Director of Public Prosecutions [2004] EWHC 2504 (Admin)
12 Oct 2004
Admn
Magistrates, Criminal Practice
The defendant appealed by way of case stated against the decision of the magistrates to convict him of assault. Held: No point of law had been raised. The reasons given were adequate. In truth this was a challenge on the facts, and the defendant should have appealed to the Crown Court. Appeal dismissed.
1 Cites
1 Citers
[ Bailii ]
Harrison, Regina (on the Application Of) v Flintshire Magistrates' Court [2004] EWHC 2456 (Admin)
13 Oct 2004
Admn
Road Traffic, Magistrates
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 the very long period of delay that has elapsed since she learnt about it, it would, in my view, be unjust to deprive her of relief on that ground alone. " She would however have still been subject to prosecution for traveling in excess of the national speed limit. The sentence was quashed and the matter remitted to the magistrates for recitification and re-sentence.
Road Traffic Regulation Act 1984 81(1) 89(1) - Magistrates Courts Act 1980 142(1)
[ Bailii ]
Bartram v Southend Magistrates Court [2004] EWHC 2691 (Admin)
22 Oct 2004
Admn
Health, Magistrates
Mental Health Act 1983 7
[ Bailii ]
Barber v Crown Prosecution Service [2004] EWHC 2605 (Admin)
25 Oct 2004
Admn
Forbes J
Magistrates, Crime
The defendant appealed by case stated against his conviction for harassment. He was said to have played loud music late at night in contravention of a restraining order. He said that the prosecution had failed to prove the existence of the order. The magistrates argued that since that court had made the order, no certified copy was to be required. Held: The defendant's own admissions in interview amounted to admission of the existence of the order. Though the order had to be proved there was more than one way in which it could be proved. Such evidence had been provided.
The offence of being in breach of a restraining order under the Act is one of strict liability.
Protection from Harassment Act 1997 - Magistrates' Courts Rules 1981
[ Bailii ]
Director of Public Prosecutions v Baker [2004] EWHC 2782 (Admin)
2 Nov 2004
Admn
Crime, Magistrates
Protection from Harassment Act 1997 2(1) 2(2) - Magistrates' Court Act 1980 127
[ Bailii ]
Kent County Council v Health and Safety Executive [2004] EWHC 2861 (Admin)
23 Nov 2004
Admn
Magistrates, Health and Safety
[ Bailii ]
H and Others, Regina (on the Application of) v Southampton Youth Court [2004] EWHC 2912 (Admin)
2 Dec 2004
Admn
Leveson J
Magistrates, Criminal Sentencing
The court considered the principles for sentencing for sexual assaults by youths and the decision of magistrates whether to decline jurisdiction. Leveson J: "That the position would be different for an older person is obvious. Had an adult behaved in this manner to a 13 year old boy, sexual gratification would have been an obvious motive and a substantial custodial sentence would indeed have been justified. An older teenager could also lose his liberty. In my judgment, however, 13 and 14 year olds behaving in this way to one of their school friends, while deeply reprehensible and demanding condemnation, do not come within that category, and certainly not at the level of a sentence approaching two years."
Magistrates' Courts Act 1980 24 - Powers of Criminal Courts (Sentencing) Act 2000 91(3)
1 Citers
[ Bailii ]
Reynolds v Ipswich Crown Court [2004] EWHC 3271 (Admin)
9 Dec 2004
Admn
Criminal Practice, Magistrates
Protection from Harassment Act 1997
[ Bailii ]
Mathialagan, Regina (on the Application of) v London Borough of Southwark and Another [2004] EWCA Civ 1689; Times, 21 December 2004
13 Dec 2004
CA
Lord Justice Waller Lord Justice Carnwath And Sir William Aldous
Rating, Magistrates
Liability Orders were made against the appellant in respect of non-domestic rates in respect of two properties. The orders were made in the absence of the appellant or any representative. Application for judicial review was made to re-open the hearing. Held: Though magistrates may have jurisdiction to re-open a criminal case, there was no corresponding right in a civil action. Al Mehdawi holds that a failure on the part of a party to be present due to the negligence of the party's advisor gives no ground for quashing the decision, and is binding. Appeal refused.
1 Cites
[ Bailii ]
