A Crown Court Judge when remanding a defendant in custody after a prosecution appeal from the Justices must give a date on which he is to be produced. Rose LJ said: ‘For my part, I accept that the Crown Court Judge is not subject to the provisions of sections 128 and 129 of the Magistrates’ Courts Act. However, the detention of the Applicant, and the lawfulness or otherwise of that detention has to be gauged, as it seems to me, by reference to the provisions of the Magistrates’ Court Act because in this case the Applicant was subject to the jurisdiction of the Magistrates.’ and ‘For my part, I would have thought that the most convenient and sensible course would be, if this difficulty arises in the future, for a Crown Court to be invited by the prosecution to stipulate a date which does in fact comply with the provisions of the Magistrates’ Court Act, not because the Crown Court Judge is himself subject to the jurisdiction of that Act, but because of the lacuna in the statute which leads to the problems which are otherwise encountered.’
Judges:
Rose LJ
Citations:
Times 15-Nov-1994
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Remice v HMP Belmarsh Admn 27-Mar-2007
The prisoner was accused of witness intimidation. He was arrested and several bail applications and appeals were heard, but the last simply committed him to prison. He said that since this order would return him to the magistrates, a maximum of . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 05 June 2022; Ref: scu.88480