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
The claimant sought judicial review of the magistrates refusal to set aside a conviction entered in his absence. He had been in custody and not produced for the hearing. Held: The review was granted. The judge had not established that the defendant was at fault in not attending. Citations: [2007] EWHC 2766 (Admin) Links: Bailii … Continue reading Morsby v Tower Bridge Magistrates’ Court: Admn 31 Oct 2007
The defendants were said to have been found in possession of false passports. They successfully argued that the offence charged under the 1981 Act had been repealed by the 2006 Act. The prosecutor argued that a Schedule only came into effect when explicitly made to come into effect. Held: The prosecutor’s appeal succeeded. The 2006 … Continue reading Crown Prosecution Service, Regina (on the Application of) v Bow Street Magistrates Court and others: Admn 18 Jul 2006
DONALDSON LJ: Mr. Phillips appeals by case stated against his conviction and a fine of andpound;5 imposed by Mr Loy, the Leeds Stipendiary Magistrates, in September 1978 for failure to comply with a School Attendance Order. It is not the conviction or the fine which irks Mr. Phillips. His irritation, and perhaps even anger, is … Continue reading Phillips v Brown: QBD 20 Jun 1980
A challenge was made as to whether the magistrates had jurisdiction in an allegation of burglary, or whether the case should have been committed to the Crown Court. [1997] EWHC Admin 760
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
Application by prosecutor to amend name of defendant company but after time limit for issue. . .
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 . .
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Justices are to give fair notice to an unrepresented defendant of the possibility of a distress order. Citations: Times 17-May-1996 Statutes: Magistrates Courts Act 1980 76 Magistrates Updated: 09 April 2022; Ref: scu.86772
A defendant is deemed to have surrendered to court custody when attending as directed; a surety was not estreated when he failed to attend at a later hearing after an adjournment.Sir Thomas Bingham MR (dissenting) said that there is nothing in the process of arraignment which in law requires, or in fact amounts to, a … Continue reading Regina v Central Criminal Court Ex Parte Guney: CA 2 Feb 1995
Following his conviction for false accounting, a confiscation order was made against the defendant. After agreeing various adjournments the prosecutor said that the magistrates court had no power to allow such an adjournment under section 75(2) of the 1980 Act, because section 75(2)(a) of the 1988 Act did not allow magistrates to remit any part … Continue reading Crown Prosecution Service v Greenacre: Admn 3 Apr 2007
(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
Prosecutor’s appeal against refusal of adjournment. Judges: Lord Justice Keene Mr Justice Jack Citations: [2006] EWHC 1108 (Admin) Links: Bailii Statutes:
Judges: Gross LJ, Sweeney J Citations: [2018] EWHC 1044 (Admin), [2018] WLR(D) 276, [2018] 2 Cr App R 18, [2018] LLR 447, [2018] 1 WLR 3792, [2018] Crim LR 756 Links: Bailii, WLRD Statutes:
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
The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence. Held: The tests of the two sets of hearings were different. The magistrates had been asked to see whether there was sufficient evidence to justify putting … Continue reading Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis: CA 22 Jan 2003
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
The Crown Court could join charges of indecent assault and assault occasioning actual bodily harm after a youth was sent there for indecency charges. Citations: Times 18-Mar-1998 Statutes: Magistrates Courts Act 1980 24 Jurisdiction: England and Wales Criminal Practice Updated: 11 May 2022; Ref: scu.87662
Disclosure by third parties in criminal proceedings was not affected by other new rule. Simon Brown LJ summarised the tests for materiality for requiring production of dicuments from third parties by magistrates: ‘The central principles . . . are as follows: (i) to be material evidence documents must be not only relevant to the issues … Continue reading Regina v Reading Justices ex parte Berkshire County Council: QBD 5 May 1995
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
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
Thomas LJ said: ‘When the magistrates were faced with the application for an amendment, the law was clear and remains clear. The principles are set out in Section 123 and 127 of the Magistrates’ Court Act [1980] and in the single decision of this court to which it is necessary to refer, R v Scunthorpe … Continue reading Williams v Director of Public Prosecutions: Admn 24 Jul 2009
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
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 claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final. Held: In its decision the tribunal had made reference to the expert medical report and thereby had … Continue reading Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application: CA 25 Feb 1957
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 . .
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
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
