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Scott and Others v Magistrates of Glasgow: HL 27 Jul 1899

The Glasgow Magistrates, as the local authority under the Diseases of Animals Acts 1894 and 1896, established at Glasgow a wharf and public market for the reception and sale of foreign cattle. They are empowered by the terms of section 42 of the Markets and Fairs Clauses Act 1847 (incorporated with the Act of 1894) … Continue reading Scott and Others v Magistrates of Glasgow: HL 27 Jul 1899

Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses. Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The defence available to offences of showing that he had taken all … Continue reading Balamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court: Admn 10 Jun 1998

Broxbourne Borough Council, Regina (On the Application of) v North and East Hertfordshire Magistrates’ Court: Admn 3 Apr 2009

The council appealed against refusal of an abatement order in respect of a statutor nuisance by the defendant by artificial light. A veterinary surgeon had erected a light which stayed on all night but which was adjacent to a neighbour’s bedroom. A light of the sort recommended would have cost under a hundred pounds. Some … Continue reading Broxbourne Borough Council, Regina (On the Application of) v North and East Hertfordshire Magistrates’ Court: Admn 3 Apr 2009

Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007

The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction. Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his ruling upon that is final and can properly be challenged by way of case stated … Continue reading Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court: Admn 27 Jul 2007

Regina v Birmingham Magistrates Court ex parte Robinson: 1986

Citations: [1986] 150 JP 1 Jurisdiction: England and Wales Cited by: Cited – Murchison v Southend Magistrates’ Court Admn 24-Jan-2006 The defendant faced an accusation of having slapped a child in the street. The child’s carer had called the police to say that she thought the complaint a practical joke. The defendant did not give … Continue reading Regina v Birmingham Magistrates Court ex parte Robinson: 1986

Evans, Regina (on The Application of) v North Somerset Magistrates Court: Admn 27 Apr 2012

The applicant sought judicial review of a decision by the respondent to commit her for non-payment of a compensation order. Held: The request succeeded. The magistrates had failed to take account of the terms of the original order made by the crown court and had failed to distinguish between assets of the claimant and of … Continue reading Evans, Regina (on The Application of) v North Somerset Magistrates Court: Admn 27 Apr 2012

Hauschildt, Regina (On the Application of) v Highbury Corner Magistrates’ Court: Admn 13 Dec 2007

The detainee sough a writ of habeas corpus. He had returned to England to surrender to bail against a representation that he would be bailed. After interview he had been remanded in custody. The officer said that he had known his representation was a false assurance. Held: By the deception, the officer had evaded the … Continue reading Hauschildt, Regina (On the Application of) v Highbury Corner Magistrates’ Court: Admn 13 Dec 2007

Russell v Magistrates of Hamilton: 1897

An interdict was granted against the Provost and Magistrates of Hamilton. Citations: (1897) 25 R 350 Jurisdiction: Scotland Cited by: Cited – Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C SCS 18-Dec-2001 A prisoner sought an order for … Continue reading Russell v Magistrates of Hamilton: 1897

Singh, Regina (on the Application Of) v Stratford Magistrates Court: Admn 3 Jul 2007

The defendant appealed the decision of the district judge when adjourning his case for a second psychiatric report with a view to hispossible committal to hospital, saying that this would deprive him of his right to a trial. Held: In cases alleged insanity either at the time of the offence or at trial, the magistrates … Continue reading Singh, Regina (on the Application Of) v Stratford Magistrates Court: Admn 3 Jul 2007

Olabinjo v Westminster Magistrates Court and Another: Admn 6 May 2020

The defendant had been subject to a confiscation order with a default term of imprisonment on non-compliance. He now sought judicial review of his committal on failure to pay saying that he had not had opportunity to obtain legal representation, and that the district judge had not applied the correct test for his committal. The … Continue reading Olabinjo v Westminster Magistrates Court and Another: Admn 6 May 2020

Nicol v Magistrates of Aberdeen: 1870

A very strong case is required before a court could intefere with the exercise of a statutory discretion given to a local authority in a matter affecting the community. Judges: Lord President Inglis Citations: (1870) 9 M 306 Jurisdiction: Scotland Cited by: Cited – Stewart v Perth and Kinross Council HL 1-Apr-2004 The claimant challenged … Continue reading Nicol v Magistrates of Aberdeen: 1870

Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003

The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings … Continue reading Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003

Regina (on the Applications of Salubi and Another) v Bow Street Magistrates Court: Admn 10 May 2002

The several applicants had been accused of offences under which the cases were to be transferred direct to the Crown Court for trial. The charges were later amended, with alternative offences preferred for which similar procedures might be and were applied. The defendants challenged the application of the new procedures other than to the initial … Continue reading Regina (on the Applications of Salubi and Another) v Bow Street Magistrates Court: Admn 10 May 2002

Rev J B Lorraine and Others v Magistrates of Peebles: HL 11 May 1875

Interdict granted ( aff. judgment of the Court of Session) against the magistrates of a burgh authorising the bells of the parish church to be rung on Sundays for other purposes than calling the congregation of that church to worship. Citations: [1875] UKHL 430, 12 SLR 430 Links: Bailii Jurisdiction: Scotland Magistrates Updated: 20 November … Continue reading Rev J B Lorraine and Others v Magistrates of Peebles: HL 11 May 1875

Barons Pub Company Ltd, Regina (on The Application of) v Staines Magistrates’ Court: Admn 18 Apr 2013

The company sought judicial review of a refusal to dismiss charges against them under the 2006 Regulations as an abuse of process. Held: Magistrates have no power of review of a prosecutorial decision other than through an abuse of process application. In this case the Council had followed their own procedures in moving from their … Continue reading Barons Pub Company Ltd, Regina (on The Application of) v Staines Magistrates’ Court: Admn 18 Apr 2013

Regina v South Tameside Magistrates’ Court, ex parte Rowland: 1983

If after the defendant enters an unequivocal plea of guilty it becomes clear that the defendant did not appreciate the elements of the offence to which he was pleading guilty, then it may be appropriate to permit him to withdraw his plea. Judges: Glidewell LJ Citations: [1983] 3 All ER 689 Jurisdiction: England and Wales … Continue reading Regina v South Tameside Magistrates’ Court, ex parte Rowland: 1983

A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

A had pleaded guilty to a charge of being drunk in a public place, while having the charge of a child under the age of 7 years, contrary to section 2(1) of the Licensing Act 1902. The child in question was A’s daughter, to whom I shall refer as B. B was 2 and a … Continue reading A, Regina (on The Application of) v Lowestoft Magistrates’ Court: Admn 26 Mar 2013

Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013

Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage. Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not … Continue reading Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013

Designated Officer for Sunderland Magistrates’ Court v Krager: ChD 14 Dec 2011

Preliminary issue as to locus standi and jurisdiction arising in proceedings to enforce a county court charging order by an application for sale of real property consisting of a dwelling house Judges: Briggs J Citations: [2011] EWHC 3283 (Ch), [2012] 1 WLR 1291 Links: Bailii Jurisdiction: England and Wales Criminal Sentencing Updated: 14 November 2022; … Continue reading Designated Officer for Sunderland Magistrates’ Court v Krager: ChD 14 Dec 2011

Tesco Stores Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court: Admn 6 Apr 2020

Is it a criminal offence for a shop to offer food for sale, or otherwise place it on the market, after its labelled ‘use by’ date? Judges: Lord Justice Hickinbottom, Swift J Citations: [2020] EWHC 799 (Admin) Links: Bailii Statutes: The Food Safety and Hygiene (England) Regulations 2013 Jurisdiction: England and Wales Consumer Updated: 14 … Continue reading Tesco Stores Ltd, Regina (on The Application of) v Birmingham Magistrates’ Court: Admn 6 Apr 2020

Dragoman, Regina (on The Application of) v Camberwell Green Magistrates Court: Admn 20 Dec 2012

The court was asked whether a district judge had power under section 177 and section 205 of the 2003 Act to impose, by way of a requirement under a community order, a direction that a citizen of another country in the EU, who has been convicted of an offence, can be excluded from entering the … Continue reading Dragoman, Regina (on The Application of) v Camberwell Green Magistrates Court: Admn 20 Dec 2012

Regina v Bristol Magistrates Court ex parte E: CA 1998

Simon Brown LJ said: ‘It is a principle of legal policy that a person should not be penalised except under clear law.’ Judges: Simon Brown LJ Citations: [1998] 3 All ER 798 Jurisdiction: England and Wales Cited by: Cited – Haw, Regina (on the Application of) v Secretary of State for the Home Department and … Continue reading Regina v Bristol Magistrates Court ex parte E: CA 1998

F (A Minor), Regina (on the Application of) v Knowsley Magistrates Court: Admn 15 Mar 2006

On its first application the CPS requested that the trial date be vacated because they had not received a full file of evidence. That application was refused. The case remained listed for trial that afternoon. In the afternoon the prosecution was represented by a different prosecutor who successfully renewed the application for an adjournment. The … Continue reading F (A Minor), Regina (on the Application of) v Knowsley Magistrates Court: Admn 15 Mar 2006

Bourne v Scarborough Magistrates’ Court: Admn 10 Nov 2017

Whether legal adviser nominated as case manager had the power to adjourn a hearing Judges: Holroyde LJ, Dingemans J Citations: [2017] EWHC 2828 (Admin), [2018] Crim LR 258, (2018) 182 JP 49, [2018] 4 WLR 29, 182 JP 49, [2017] WLR(D) 854 Links: Bailii, WLRD Statutes: Criminal Procedure Rules 3.5(2)(f) Jurisdiction: England and Wales Magistrates, … Continue reading Bourne v Scarborough Magistrates’ Court: Admn 10 Nov 2017

Regina v Bow Street Magistrates Court and Westminster City Council ex parte McDonald: CA 10 Jun 1997

Council had statutory defence to a claim for wrongful confiscation of busker’s instruments when acting under appropriate powers. Citations: Times 11-Jul-1997, [1997] EWCA Civ 1823 Statutes: Local Government Act 1963 S12 12C 42(2) Jurisdiction: England and Wales Local Government Updated: 06 November 2022; Ref: scu.142219

Cronin, Regina (on The Application of) v Sheffield Magistrates’ Court and Another: Admn 10 May 2002

Renewed application for permission to seek judicial review following refusal of permission on the papers by Turner J. In refusing permission he wrote: ‘The application is out of time and certainly was not made promptly. In any event there was material before the magistrate which justified the issue of a warrant (see the contents of … Continue reading Cronin, Regina (on The Application of) v Sheffield Magistrates’ Court and Another: Admn 10 May 2002

Regina (SR) v Nottingham Magistrates’ Court: Admn 19 Oct 2001

The applicant SR, aged 15, was remanded in custody to a Youth Offenders Institution pending sentence. Had he been a girl, he could not have been so remanded, since no similar provision was available for them. He complained that the law infringed his human rights. It was accepted that he was properly dealt with under … Continue reading Regina (SR) v Nottingham Magistrates’ Court: Admn 19 Oct 2001

Director of Public Prosecutions v Stoke on Trent Magistrates Court: Admn 16 Jun 2003

The director appealed by way of case stated against a dismissal of a charge of chanting words of a racialist nature at a football match. He had called out to opposing supporters from Oldham ‘You’re just a town full of Pakis’. The district judge had found the words to be mere doggerel. Held: It was … Continue reading Director of Public Prosecutions v Stoke on Trent Magistrates Court: Admn 16 Jun 2003

Williamson, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another: Admn 29 May 2012

The defendant appealed against fhis conviction, saying that his defence solicitor had been incompetent. In particular if certain video surveillance evidence had been properly examined it would have exonerated him. Judges: Gross LJ, Burnett J Citations: [2012] EWHC 1444 (Admin), [2012] Crim LR 975, [2012] 2 Cr App R 24 Links: Bailii Jurisdiction: England and … Continue reading Williamson, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another: Admn 29 May 2012

Regina v Bow Street Magistrates Court and Another, Ex Parte McDonald: CA 27 Mar 1996

An entertainment licence was not needed for public entertainment given by a busker, a public square was not ‘a premise’ within the Act. Citations: Gazette 24-Apr-1996, Times 27-Mar-1996 Statutes: London Government Act 1963 Jurisdiction: England and Wales Citing: Appeal from – Regina v Bow Street Magistrates Ex Parte McDonald QBD 30-Jan-1995 A Local Authority may … Continue reading Regina v Bow Street Magistrates Court and Another, Ex Parte McDonald: CA 27 Mar 1996

Regina v Barnet Magistrates Court ex parte Cantor: Admn 28 Nov 1997

A court assessing the ability of a defendant to pay a fine may not take into account the defendant’s possible entitlement under a discretionary trust. Such an approach was unlawful. Citations: Times 20-Jan-1998, [1997] EWHC Admin 1029, [1997] EWHC Admin 1054, [1999] 1 WLR 334 Links: Bailii, Bailii Jurisdiction: England and Wales Cited by: Cited … Continue reading Regina v Barnet Magistrates Court ex parte Cantor: Admn 28 Nov 1997

Regina (Gladstone plc) v Manchester City Magistrates Court: QBD 18 Nov 2004

It was alleged that at the company’s annual genneral meeting the proposed defendant had assaulted the company’s chairman. The company prosecuted him. The magistrate dismissed the charge saying that the company had no standing to conduct such a prosecution, there being no public benefit in the company undertaking the prosecution. Held: The company had a … Continue reading Regina (Gladstone plc) v Manchester City Magistrates Court: QBD 18 Nov 2004

Wandsworth, Regina (on the Application Of) v South Western Magistrates Court: Admn 1 May 2003

The HSE sought answers from the company, and prosecuted when it got none. They sought judicial review of the magistrates decision to refuse a case stated. Held: The answers sought were under a section which disallowed any prosecution of the person answering, and therefore the section was to be construed widely. As such there was … Continue reading Wandsworth, Regina (on the Application Of) v South Western Magistrates Court: Admn 1 May 2003

Hitchen, Regina (on The Application of) v Oxford Magistrates Court: Admn 19 Jan 2015

The claimant a 78 year old lady had crashed. Her appeal from revocation of her drivers licence was refused and she appealed. Held: The magistrates had not taken proper account of the drivers medical evidence. The decision was perverse and to be set aside. Citations: [2015] EWHC 271 (Admin) Links: Bailii Statutes: Road Traffic Act … Continue reading Hitchen, Regina (on The Application of) v Oxford Magistrates Court: Admn 19 Jan 2015

Regina v South Ribble Magistrates ex parte Cochrane: CACD 7 Jun 1996

Citations: [1996] EWCA Crim 600, [1996] 2 Cr App R 544 Jurisdiction: England and Wales Cited by: Cited – Regina v Gordon CACD 6-Jul-1999 The appellant was one of two convicted of murder. He appealed that conviction. Another youth had first denied any knowledge but then implicated the defendant after being arrested for other offences. … Continue reading Regina v South Ribble Magistrates ex parte Cochrane: CACD 7 Jun 1996

Magistrates and Town Council of Edinburgh v The Edinburgh Roperie and Sailcloth Co: HL 12 Nov 1878

Held (aff. judgment of First Division) that a vassal who had purchased a part of a feu, and was entered with the superior by virtue of the provisions of the 2d subsection of section 4 of the Conveyancing Act 1874, was entitled under section 15 of that Act to redeem the casualties applicable to his … Continue reading Magistrates and Town Council of Edinburgh v The Edinburgh Roperie and Sailcloth Co: HL 12 Nov 1878

Morgan, Regina (on the Application of) v Justices of Dyfed Powys Magistrates’ Court: Admn 18 Jun 2003

Money had been taken by the Police, but after the applicants had been acquitted, they sought it to be returned. Their action was struck out after long delays. They applied to the Magistrates who turned down the application. Held: The money should be returned ‘ . . once it is clear that the claimant is … Continue reading Morgan, Regina (on the Application of) v Justices of Dyfed Powys Magistrates’ Court: Admn 18 Jun 2003

Syed and Another v Westminster Magistrates Court: Admn 25 May 2010

The defendants challenged sentences of imprisonment imposed for failure to pay confiscation orders, saying that the delay in enforcement meant that the proceedings should have been stayed. Judges: Elias LJ, Keith J Citations: [2010] EWHC 1617 (Admin) Links: Bailii Statutes: European Convention on Human Rights 6 Jurisdiction: England and Wales Criminal Sentencing, Human Rights Updated: … Continue reading Syed and Another v Westminster Magistrates Court: Admn 25 May 2010