The defendant sought judicial review of the decision of the magistrates to commit her to prison for non-payment of fines. The had found wilful neglect to pay.
Held: The magistrates had erred in thinking that the variability of the defendant’s wage disallowed an attachment order. The committal was quashed and the case remitted for rehearing.
Citations:
Times 27-Jun-1997, [1997] EWHC Admin 461, (1997) 161 JPN 794, [1998] BPIR 642, 161 JP 550
Links:
Statutes:
Attachment of Earnings Act 1971 1(3)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Oldham Justices ex parte Crawley (orse Cawley) 1996
The court set out the duties of magistrates when making a warrant for committal. Simon Brown LJ said that where there has been a criminal conviction the courts have firmly excluded collateral attack by habeas corpus, holding that the only proper . .
Cited – Regina v Newark Justices ex parte Keenaghan and R v Stockport Justices ex parte Conlon Admn 18-Dec-1996
. .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Magistrates
Updated: 26 May 2022; Ref: scu.137406