‘The issue in the case is whether the words ‘the said sum . . as was due at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Court Act (MCA) 1980 should be construed in the case of confiscation orders made under the Drug Trafficking Act 1994 (DTA) as meaning … Continue reading Gibson, Regina (on The Application of) v Secretary of State for Justice: CA 11 Nov 2015
The claimant had successfully defended a forfeiture case, but had been refused an order for her costs by the magistrates. The magistrates had found that the case had been properly brought under the 2002 Act, even though it had failed. Held: The request for judicial review failed. Citations: [2009] EWHC 762 (Admin) Links: Bailii Statutes: … Continue reading Perinpanathan v City of Westminster Magistrates Court: Admn 10 Mar 2009
Once a guilty plea has been accepted in the Magistrates Court to an either way case, the Magistrates may still commit for sentence after hearing all factors including the defendant’s antecedents, but he should be allowed to make representations. Magistrates are to commit a defendant for sentence to the Crown Court only when satisfied that … Continue reading Regina v Warley Magistrates Court, ex parte Director of Public Prosecutions; Same v Staines Magistrates Court, ex parte Same; Etc: QBD 13 May 1998
Citations: [1997] EWHC Admin 14 Links: Bailii Statutes:
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track. Held: The appeal succeeded. Magistrates refusing to state a case should give brief reasons … Continue reading Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997
The police had decided simply to re-lay charges which had already been dismissed after an extensive depositions hearing. The charges were simplified but essentially the same. Held: This was an abuse of process. A court is possessed of a discretion which extends to enable it to stay a second prosecution where that second prosecution can … Continue reading Regina v Horsham Justices, ex parte Reeves (Note): QBD 1980
The claimant had faced an application for a closure order on his premises for their use for unlawful drugs. The matter was adjourned twice at his request. On the third occasion he sought to rely upon the need for a closure order to be confirmed with 14 days to say that the order must lapse. … Continue reading Regina (Brian Turner) v Highbury Magistrates Court: QBD 11 Oct 2005
Court of Appeal’s powers limited to those Given The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over judgments and orders of the High Court made by … Continue reading In re Racal Communications Ltd; In Re a Company: HL 3 Jul 1980
The appellant’s daughter had been stopped entering the country with andpound;150,000 in cash. The police sought an order for its forfeiture, suspecting a link with terrorism. The magistrates found no evidence of such, and declined to make the order, but equally refused to award the defendant her costs. She now appealed against the refusal to … Continue reading Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another: CA 4 Feb 2010
No Breach of Solicitor Client Confidence Allowed B was charged with the murder of a young girl. He made a confession to the police, but later changed his story, saying his stepfather had killed the girl. He was acquitted. The stepfather was then charged with the murder. At his committal for trial, B was called … Continue reading Regina v Derby Magistrates Court Ex Parte B: HL 19 Oct 1995
The defendant had seized a dog after a biting incident. They sought its destruction. The owner said that they were out of time. The court was asked whether the time ran from the biting incident or the seizure.
Held: The owner’s appeal failed. . .
Two fraud prosecutions against the claimants had lasted for 15 and 20 years respectively.
Held: Article 6.1 applies to all stages of criminal proceedings, including sentencing and any appeal. The ‘reasonable time’ in criminal matters, . .
Appeal by case stated against bail refusal. . .
The court heard appeals from rulings under the 2004 Act.
Held: In section 1, the hunting of a wild mammal did not include the search for an animal with a view to flushing it from cover. As to the exemptions, the operation of the 1980 Act and . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Magistrates who had dismissed a prosecution for the failure of the prosecutor to attend court and without any consideration of the merits, were able to hear a subsequent summons issued on same facts. Citations: Times 18-May-1998, Times 18-May-1998, Gazette 10-Jun-1998 Statutes: Magistrates Courts Act 1980 15 Jurisdiction: England and Wales Magistrates, Criminal Practice Updated: 18 … Continue reading Environment Agency v Campbell and Another: QBD 18 May 1998
The appellant had been sentenced to 5 years imprisonment and a confiscation order pounds 5.4m with six years in default. Small payments were made later by his receivers, but the interest had taken the total sums due over pounds 8m at the time of payments. The Court was asked say whether when calculating the credit … Continue reading Gibson, Regina (on The Application of) v Secretary of State for Justice: SC 24 Jan 2018
Judges: Gosnell HHJ Citations: [2013] WLR(D) 344, [2014] 1 WLR 2658, [2013] EWHC 2481 (Admin) Links: Bailii, WLRD Statutes:
(Jamaica) Customs investigating officers on attended the appellant’s premises in the course of an investigation of fraudulent importation. The officers were met by a hostile crowd, and the claimant did not attend for interview as invited. A search warrant was obtained and executed. The claimants said the warrant was unconstitutional and unlawful and sought return … Continue reading Attorney General v Danhai Williams and others: PC 12 May 1997
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
A prisoner who had been remanded to police cells had no claim of damages for false imprisonment for his later non-release. Citations: Times 07-Feb-1996 Statutes: Magistrates Courts Act 1980 128(7) Jurisdiction: England and Wales Torts – Other Updated: 27 October 2022; Ref: scu.81577
A defendant indicating guilt at the plea before venue hearing was entitled to greater discount for that guilty plea than a defendant entering plea at the pre trial review at Crown Court. Crown Courts are to reduce sentencing discounts accordingly. Citations: Times 09-Apr-1998, (1998) 2 Cr App R (S) 449, 450, [1998] EWCA Crim 1126 … Continue reading Regina v Rafferty: CACD 30 Mar 1998
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
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. … Continue reading Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court: QBD 23 Jul 2004
The appellants appealed a bind-over for a finding that each appellant had been guilty of conduct whereby a breach of the peace was likely to be occasioned. The appellants, concerned about cruelty to animals, had obstructed an angling competition by seeking to distract the fish and to dissuade the anglers from catching them. No violence … Continue reading Regina v Nicol and Selvanayagam: QBD 10 Nov 1995
The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates’ Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant consents, and impose a sentence of up to 6 months’ imprisonment if the Defendant … Continue reading Steel and Others v The United Kingdom: ECHR 23 Sep 1998
The council cancelled the respondent’s registration as a child minder. The respondent appealed to the Magistrates, and succeeded, the court finding that the process undertaken by the council had infringed his rights. On appeal the council succeeded. The magistrates should have looked beyond procedural issues. The appeal to them required a hearing de novo. The … Continue reading Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001
The court objected to the insistence on leaving the burden throughout a prosecution on the defendant on the ground that ‘the discharge of an evidential burden proves nothing – it merely raises an issue’. The House emphasised the special nature of the provisions, saying there was little doubt that the occasions upon which a statute … Continue reading Regina v Hunt (Richard): HL 1987
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had … Continue reading Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004
A driver was arrested for driving with excess alcohol. At the police station, he was to be tested with the Lion Intoximeter. The officer tested the machine and it calibrated correctly. This was at about a quarter after midnight; the sergeant’s watch said 00.13 am, but the time display on the machine read 23:00. Part … Continue reading Director of Public Prosecutions v McKeown and Jones: HL 20 Feb 1997
The local authority had refused to renew a private hire vehicle licence. That refusal was successfully challenged, and the magistrates had awarded costs on the basis that they should follow the event. The authority appealed. Held: The discretion given to magistrates to award such costs as it feels are just and reasonable does not mean … Continue reading Bradford City Metropolitan District Council v Booth: QBD 10 May 2000
Citations: Times 16-Jun-1998 Statutes: Magistrates Courts Act 1980 111(3) Jurisdiction: England and Wales Magistrates Updated: 15 May 2022; Ref: scu.83101
Justices have no power themselves to act to correct a defective CSA liability order. Their role is merely to enforce. Doubts to be remitted to CSA. Citations: Times 08-Feb-1996 Statutes: Magistrates Courts Act 1980 58 Child Support Updated: 15 May 2022; Ref: scu.79909
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
Lord Bingham set out guidance in respect of costs awarded by magistrates pursuant to section 64(1) of the 1980 Act, saying: ‘I would accordingly hold that the proper approach to questions of this kind can for convenience be summarised in three propositions: 1. Section 64(1) confers a discretion upon a magistrates’ court to make such … Continue reading City of Bradford Metropolitan District Council v Booth: Admn 10 May 2000
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 … Continue reading Crown Prosecution Service, Regina (on the Application of) v Blaydon Youth Court: Admn 6 Oct 2004
A woman protester repeatedly climbed over the perimeter fencing into a military base. Held: The defendant had a choice between agreeing to be bound over and going to prison. Her refusal to agree to be bound over had an immediate and obvious penal consequence without any intervening stage. The threat of imprisonment was no doubt … Continue reading Percy v Director of Public Prosecutions: QBD 13 Dec 1994
The defendant’s behaviour complained of must be at least unreasonable if not unlawful to found a binding over for breach of the peace. Simon Brown LJ said: ‘the court would surely not find a s.115 complaint proved if any violence likely to have been provoked on the part of others would be not merely unlawful … Continue reading Nicol and Another v Director of Public Prosecutions: QBD 22 Nov 1995
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 defendants appealed by case stated from convictions under the 2006 Act arising from the treatment of cows including at a slaughterhouse. Arguments were put that the prosecution was time barred. Held: The court recognsed the limited role of the investigators and the CPS who would eventually institute proceedings. Time started running under s.31(1)(b) of … Continue reading Riley and Others v Crown Prosecution Service: Admn 18 Oct 2016
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
Ban on Prisoners talking to Journalists unlawful 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 undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
Sentencing of Political Protesters The defendants appealed against sentences for causing a public nuisance. They had been protesting against fracking by climbing aboard a lorry and blocking a main road for several days. Held: The appeals from immediate custodial sentences were successful, and suspended sentences imposed. The defendants had expressed remorse for their actions and … Continue reading Roberts and Others v Regina: CACD 6 Dec 2018
The complaint had been laid before Magistrates before the expiration of the time limit, but was only considered and the summons issued after the time limit. The House also considered the power of delegation where a justice of the peace or the clerk did not personally receive or consider the information in question. Held: The … Continue reading Regina v Manchester Stipendiary Magistrate, ex parte Hill and others: HL 1993
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002
Magistrates have no Power to redo Mode of Trial The prosecutor appealed against a refusal of the magistrates to revisit their decision on mode of trial. Held: The court had no inherent jurisdiction to revisit their decision, and nor did the sections referred to grant any. Craske would have to be revisited by the House … Continue reading Regina (Director of Public Prosecutions) v Camberwell Green Youth Court ex parte C W K and A: QBD 5 Dec 2003
Presumption against sending Youths to Crown Court W was a youth accused with another of robbery. The District judge magistrate had sent him for trial at the Crown Court although finding ‘[W] is 14 years of age with no previous conviction and is not a persistent offender.’ Held: Woolf LJ approved a statement: ‘in respect … Continue reading W, Regina (on The Application of) v Southampton Youth Court: Admn 23 Jul 2002
Common Law – Public Nuisance – Extent The House considered the elements of the common law offence of public nuisance. One defendant faced accusations of having sent racially offensive materials to individuals. The second was accused of sending an envelope including salt to a friend as a joke. The envelope had leaked causing a terrorist … Continue reading Regina v Rimmington; Regina v Goldstein: HL 21 Jul 2005
There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this. Held: The action failed. The plaintiff had not proved that the smoking of cigarettes was the cause of the lung cancer, and it was … Continue reading McTear v Imperial Tobacco Ltd: OHCS 31 May 2005
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 . .
The defendant appealed against his conviction, saying that his counsel and solicitors had withdrawn at the last moment on the grounds of professional embarrassment, the defendant having altered his instructions. New lawyers were unwilling to assist . .
References: (1861) 1 B & S 311, [1861] EngR 626, (1861) 121 ER 730 Links: Commonlii Coram: Cockburn CJ A defendant seeking to avoid answering questions so as not to incriminate himself is to be given some understanding and latitude in respecting his own interpretation. The beneficiary of a pardon could be called upon to … Continue reading Regina v Boyes; 27 May 1861
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