The CPS appealed the refusal of the respondent magistrates to decline jurisdiction to hear allegations against a youth. Held: The magistrates had applied the wrong test, asking themselves whether a sentence substantially greater than two years might be imposed. They should have considered merely the threshhold of two years. Also the court had allowed itself … Continue reading Crown Prosecution Service (Redbridge Section), Regina (on the Application Of) v Redbridge Youth Court and Another: Admn 8 Jun 2005
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
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 incriminate himself because he merited no protection: ‘the effect of which [the pardon] was to make him a new … Continue reading Regina v Boyes: 27 May 1861
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 claimant appealed against the refusal of the return of money seized from him by the respondent’s officers under the 2002 Act. The magistrates had declined jurisdiction saying that the complaint was out of time. The claimant said that his request was neither a complaint nor an information so as to fall foul of the … Continue reading Davis v Leicestershire Constabulary: Admn 18 Jul 2012
Prosecutor’s appeal against refusal of adjournment. Judges: Lord Justice Keene Mr Justice Jack Citations: [2006] EWHC 1108 (Admin) Links: Bailii Statutes:
Evidence of deceased complainants statement was admissible – still a person. Citations: Ind Summary 08-May-1995 Statutes: Magistrates Courts Act 1980 106-1 Jurisdiction: England and Wales Criminal Evidence Updated: 27 October 2022; Ref: scu.88028
Where a youth appears with an adult on a grave crime allegation in an adult court, and the case against the adult does not proceed, the assessment of whether the youth should be committed to the Crown Court must be carried out by the adult court. Citations: Gazette 13-May-1998, [1998] 1 All ER 11 Statutes: … Continue reading Regina v Tottenham Youth Court Ex Parte Fawzy: CACD 13 May 1998
The defendant sought judicial review of a period of imprisonment in excess of 8 years imposed on him for failing to comply with a confiscation order. Judges: Moses LJ, Irwin Citations: [2012] EWHC 596 (Admin) Links: Bailii Statutes:
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
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008
Judges: Langstaff J Citations: [2010] EWHC 3412 (Admin) Links: Bailii Statutes:
The defendant had been convicted of an offence in Portugal and sentenced to imprisonment. He was given an order for voluntary departure, but his lawyers did not file an appeal. When a European Arrest Warrant was issued, he now sought an order for judicial review of SOCA’s decision not to resist the warrant, citing problems … Continue reading Mann, Regina (on The Application of) v The City of Westminster Magistrates’ Court and Others: Admn 19 Jan 2010
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 prosecutor sought to bring in documentary evidence in support of its application to commit the defendant for trial on fraud charges. During the course of proceedings the rules changed on admission of such evidence. The prosecutor appealed dismissal of the charges after they had been refused consent to admit the evidnce after the magistrate … Continue reading Crown Prosecution Service v City of London Magistrates’ Court and Gill: Admn 20 Dec 2005
The defendant had written to the court to request an adjournment. The case proceeded in his absence. Held: Justices have a broad discretion on the re-opening case after a conviction had been entered in the Defendant’s absence. The defendant retained a right of appeal under s108. The absence was the defendant’s entire responsibility. The court … Continue reading Regina v Newport Justices Ex Parte Carey; Regina v Gwent Magistrates Court, ex parte Carey: QBD 16 Jul 1996
Judges: Coulson LJ, Holgate J Citations: [2021] EWHC 112 (Admin), [2021] WLR(D) 64 Links: Bailii, WLRD Statutes:
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
A person with the appellant’s full power of attorney had attended court, but had pretended to be the appellant, who now appealed the conviction. Held: The claim was allowed. Judges: Holroyde LJ, Dove J Citations: [2019] EWHC 1385 (Admin), [2019] WLR(D) 378 Links: Bailii, WLRD 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:
The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted under s.12 should not have a right of appeal against conviction as well as against … Continue reading Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007
A man was accused of a series of mortgage frauds. The defendants each gave evidence to the court. He made a complaint of perjury against each of them. The current defendants sought judicial review of a refusal to discharge the summonses. Held: ‘there is no authority directly upon the question whether the issue and maintenance … Continue reading Regina v Newcastle Upon Tyne Magistrates’ Court ex parte Still, Lawlan, Davidson, Pryor, and Forrest: Admn 18 Sep 1996
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 claimant sought judicial review of his conviction by the magistrates for contempt of court: ‘The Administrative Court office wrote to Mr Lane on 22nd November, almost a week ago, pointing out that the right of appeal against orders made under section 12 of the 1981 Act consists of a right of appeal to the … Continue reading Lane v Gloucester Magistrates Court: Admn 28 Nov 2006
The claimant was an employee of the company manufacturing alcohol measuring devices. He sought judicial review of decisions by magistrates to require him to attend court to give evidence which would require him to breach obligations of confidence he had undertaken. Held: Judicial review proceedings were available if necessary to quash witness summonses issued under … Continue reading Cunliffe, Regina (on the Application of) v West London Magistrates’ Court: Admn 6 Jul 2006
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
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
The defendant had been convicted of speeding. At the time the road was thought to be subject to the 30 mph limit but was in fact subject only to the national speed limit. Her solicitors had delayed their application for judicial review. Held: ‘Where an unjust sentence has been imposed upon a claimant, then, notwithstanding … Continue reading Harrison, Regina (on the Application Of) v Flintshire Magistrates’ Court: Admn 13 Oct 2004
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
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
A reverse legal burden applied to defendants accused of an offence under section 17 of the Forestry Act 1967 which, in specified circumstances, created an absolute offence of felling a tree without a felling licence. Clarke LJ said: ‘It is thus clear that, while the general principles are those set out in Edwards, each case … Continue reading Grundy and Co Excavations Ltd and Another, Regina (on the Application of) v Halton Division Magistrates Court: Admn 24 Feb 2003
Application for judicial review of a decision of the Medway Magistrates’ Court, to proceed with a trial of the claimant in his absence despite the provision of medical evidence. Judges: Richards LJ, Treacy J Citations: [2012] EWHC 1403 (Admin) Links: Bailii Statutes:
Request for judicial review of decision of magistrates to commit him to crown court for sentence. Citations: [1999] EWHC Admin 609 Links: Bailii Statutes:
Judges: Roch LJ, Collins J Citations: [1999] EWHC Admin 570 Links: Bailii Statutes:
The defendant appealed against the refusal of the Justices to deal with his formal committal to the Crown court in his absence when he was unwell. The magistrates had distinguished between sections 6(1) and 6(2) as to whether the accused was required to be present. Held: The distinction was false: ‘when the Act deals in … Continue reading Regina v Liverpool City Magistrates Court ex parte Quantrell: Admn 19 Jan 1999
Citations: [1998] EWHC Admin 636 Links: Bailii Statutes: Prosecution of Offences Act 1985 16, Magistrates Courts Act 1980 142(1) Criminal Practice, Magistrates Updated: 27 May 2022; Ref: scu.138757
Justices clerks are permitted to question fine defaulters as to their ability to pay, but must do so under enquiry without bias, and not as a prosecutor. A warrant for arrest for non-pyment of a fine was neither civil nor criminal in character, but in a category of its own. Citations: Times 13-Mar-1998, [1998] EWHC … Continue reading Regina v Corby Justices ex parte Agnes Mort: Admn 9 Mar 1998
The defendant faced a charge of robbery. More than six months after the alleged offence the prosecution sought to add alternate charges including one of common assault. The magistrates declined jurisdiction on the ground that, more than six months having elapsed since the date of the offence, new proceedings for the summary offence of common … Continue reading Regina v Scunthorpe Justices ex parte McPhee and Gallagher: Admn 24 Feb 1998
Application for judicial review of refusal of magistrates to allow adjournment of a hearing. Judges: Roch LJ, Potts LJ Citations: [1998] EWHC Admin 191 Links: Bailii Statutes:
Claim that proceedings for summary offence not issued within six months. Citations: [1996] EWHC Admin 227 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 defendant company traded as A and J Bull Containers. They hired out a builder’s skip which was left out, unlit, on the highway at night. A cyclist rode into it and died. An information was laid against ‘A J Bull Ltd’, charging an offence under the Highways Act 1980. The hearing took place after … Continue reading Marco (Croydon) Ltd v Metropolitan Police Commissioner: QBD 1983
The defendant to extradition proceedings had breached her bail by going on holiday. She had been arrested and sent to the extraditing country which had in turn withdrawn the extradition request to the UK. Held: The surety could not be forfeited under the section merely for the breach of the bail condition by a defendant. … Continue reading Regina (Hart) v Bow Street Magistrates’ Court: QBD 19 Dec 2001
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
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
Representations that the Intoximeter or other device used for measuring breath alcohol, should not have been approved or that the Secretary of State should have withdrawn approval in respect of the device should be addressed to the Secretary of State and not to the court. While an approval subsisted it is ‘wholly immaterial to mount … Continue reading Regina v Skegness Magistrates’ Court ex parte Cardy: 1985
The papers for an appeal must supply sufficient material to enable the court to assess grounds for costs. Citations: Times 03-May-1993 Statutes: Magistrates Courts Act 1980 64 Jurisdiction: England and Wales Litigation Practice Updated: 11 May 2022; Ref: scu.88291
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
The defendant had been in custody for a different offence on the day when the magistrates were due to try him, and he was not produced. The prosecutor only learned of the other conviction on that day, and sought an adjournment. Instead the magistrates dismissed the charge. The prosecutor appealed. Held: The magistrates’ power to … Continue reading Regina v Merthyr Tydfil Magistrates Court and Day ex parte Director of Public Prosecutions: QBD 1989
Two police officers were being brought to trial, charged with assault occasioning bodily harm. They applied to the trial judge for an order directing the prosecution to inform the defence whether any members of the jury panel had criminal convictions, and if so, to give details. The trial judge made the order. The court considered … Continue reading Regina v Sheffield Crown Court ex parte Brownlow: CA 1980
The defendant appealed by case stated against his conviction under the 1956 Act saying that no evidence had been brought that the videos on which the conviction was based were infringing copies. Held: As to items from the US, no evidence had been brought. It was required, and the appeal succeeded. However where the country … Continue reading Musa v Le Maitre: QBD 1987
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
The court considered the power to require magistrates to state a case on an interloctory issue. Held: Where the Justices had not made a final determination they had no jurisdiction to state a case. Section 111 applies only to a final determination of a case. Citations: [1985] QB 920 Statutes: Magistrates Courts Act 1980 11191) … Continue reading Streames v Copping: 1985
F who was 16 years old when he appeared before the juvenile court charged with robbery and possession of an imitation firearm. The justices decided to proceed summarily. No plea was taken. After being released on bail, he later appeared before a different bench, facing additional charges. The justices purported to reverse the previous decision. … Continue reading Regina v Newham Juvenile Court ex parte F (A Minor): QBD 1986
The applicant sought a declaration as to the lawfulness of a lottery scheme whilst criminal proceedings were pending against it for the same scheme. Held: It was not necessary to decide whether a declaration as to the criminality or otherwise of future conduct can ever properly be made by a civil court. It would be … Continue reading Imperial Tobacco Ltd v Attorney-General: HL 1980
The defendant company did not accept that it had accepted special waste at its disposal plant. Instead they claimed to have the appropriate licence or exemption. Held: The burden of establishing acceptance of special waste was not on the defendant ,on a balance of probabilities, but lay on the prosecution. In effect he was claiming … Continue reading Environment Agency v M E Foley Contractors ltd and Another: QBD 18 Jan 2002
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
The prosecutor appealed a refusal of the magistrates to commit a youth to the Crown Court for trial. Held: Magistrates should start with a presumption against declining jurisdiction. Where there was a real prospect of a custodial sentence in excess of two years, the magistrates should accept a request to decline jurisdiction, and commit the … Continue reading Crown Prosecution Service v Redbridge Youth Court: QBD 8 Jun 2005
Statements in support of a committal under 6(1) or 6(2) are to be admissible also under section 102. Citations: Times 22-Mar-1996 Statutes: Magistrates Courts Act 1980 Criminal Evidence, Magistrates Updated: 09 April 2022; Ref: scu.86888
Decision on what is to happen on one of three Justices retiring is for open court. Citations: Ind Summary 29-Jan-1996 Statutes: Magistrates Courts Act 1980 121(1) Magistrates Updated: 09 April 2022; Ref: scu.86611
Justices must consider the extent of their powers of sentencing when choosing to try a case summarily. Citations: Gazette 28-Feb-1996, Times 06-Feb-1996 Statutes: Magistrates Courts Act 1980 19(3) Criminal Practice, Magistrates Updated: 09 April 2022; Ref: scu.86668
The Court’s convenience does not justify a trial in the absence of the defendant. Citations: Times 16-Mar-1994 Statutes: Magistrates Courts Act 1980 142 Criminal Practice Updated: 09 April 2022; Ref: scu.86537
Justices to be slow restricting reports under 4(2) when powers used MCA 80 s8. Citations: Times 28-Jun-1994 Statutes: Contempt of Court Act 1981 4(2), Magistrates Courts Act 1980 8 Criminal Practice Updated: 09 April 2022; Ref: scu.86108
Judges: The Lord Chief Justice of England and Wales (Lord Bingham of Cornhill) And Mr Justice Klevan Citations: [2000] EWHC 654 (Admin) Links: Bailii Statutes:
The court was asked whether magistrates’ courts have a discretion to extend the time to state a case after the expiration of the 21 days specified in section 111(2) of the Magistrates’ Courts Act 1980 (the 1980 Act) as the time within which an application for a case to be stated for the opinion of … Continue reading Mishra v Colchester Magistrates’ Court: Admn 14 Nov 2017
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
Palmer was a witness to proceedings before a Magistrates’ Court. Whilst he and the defendant were waiting in the foyer outside the court for the magistrates to consider their decision Palmer threatened the defendant. He was charged with and convicted of a contempt, then sought to appeal. The crown court declined jurisdiction. He then sought … Continue reading Regina v Havant Justices ex parte Palmer: QBD 1985
An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. ‘The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates’ Court Act 1980 cannot, usually, be impugned. But it is a power which must … Continue reading Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same: Admn 25 Nov 1997
That the same rules apply to time limits for prosecution of a company as for others, for summary offences, did not apply to either way offences tried summarily. Times 09-Dec-1997, Gazette 17-Dec-1997, [1997] EWHC Admin 1045 Magistrates Courts Act 1980 127, Companies Act 1986 731(2) England and Wales Criminal Practice, Company Updated: 03 January 2022; … Continue reading Regina v Thames Magistrates’ Court ex parte Horgan: Admn 25 Nov 1997
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
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
The Commissioner had been wrong to conclude that he could not bring prosecutions in respect of driving on a certain road because it was not a ‘road’ within the definition of the Road Traffic Act 1972. Having observed that ‘[c]ounsel and solicitors in magistrates’ courts, in the Divisional Court and in the Crown Courts can … Continue reading Adams v Commissioner of Police of the Metropolis: QBD 1980
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 defendant effectively sought to appeal against his conviction on his own guilty plea to possession of wild bird eggs. They had been collected before possession itself was made an offence, and he had received them before the 2004 Act, after which only the person originally collecting an egg could lawfully possess it. He said … Continue reading Dodsworth v Crown Prosecution Service: Admn 8 Nov 2010
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
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
The House was asked whether section 127 was satisfied where the information was laid within 6 months from the date of the alleged offence but was not considered by a magistrate, and no summons was issued, until after the expiration of the time limit. The House also considered the power of delegation where a justice … Continue reading Regina v Manchester Stipendiary Magistrate, ex parte Hill; Hill v Anderton: HL 1982
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
In convicting the defendant, the magistrates announced that they had done so on the balance of probabilities. At a later hearing magistrates sought to set aside the decision and relist the case for a new hearing. They refused to state a case. The defendant sought judicial review. Held: Magistrates did not have power of their … Continue reading Rhodes-Presley, Regina (on the Application of) v South Worcestershire Magistrates’ Court: Admn 9 Oct 2008
The defendant, a 12 year old boy , had been charged, with others, with offences of violence. He denied the charges. He objected to his interview with admissions being used. On being admitted he then pleaded guilty. Later cases against co-defendants . .
Application by prosecutor to amend name of defendant company but after time limit for issue. . .
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, . .
The Claimant aged 14 appeared before the Magistrates’ Court with a 20 year old Co-Defendant. The Magistrates declined jurisdiction in his case and the Claimant indicated Not Guilty pleas. The Magistrates concluded that it was in the interest of . .
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 . .
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
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
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 defendant had admitted an offence under the 1997 Act but the magistrates had declined to make a restraining order. The police then sought and anti-social behaviour order. The defendant objected saying that the events upon which the claim was based were more tan six months old and not admissible. Held: It was important not … Continue reading Chief Constable of West Mercia Constabulary v Boorman: Admn 2 Nov 2005
A sentence takes immediate effect as it is pronounced, thus allowing a defendant to be treated as a serving prisoner immediately. Citations: Times 14-Nov-1996, [1996] EWHC Admin 136 Links: Bailii Statutes: Magistrates Courts Act 1980 82(3)(a) Criminal Sentencing, Magistrates, Prisons Updated: 25 May 2022; Ref: scu.136684
This was an appeal by way of case stated. The appellants were alleged to have offered timeshare contracts without notification of cancellation rights. A director claimed he was unfit to attend, but the trial proceeded in his absence. He had, the day before, attended a conference with counsel. Held: Given the medical evidence before them, … Continue reading Ronald and John Popely and Another v D G Scott (Kent County Council): Admn 21 Dec 2000
One reason only is needed for commitment of person over 21. The situation is different where the defendant is under 21. Citations: Times 03-Jan-1997 Statutes: Magistrates Courts Act 1980 82(6) Jurisdiction: England and Wales Criminal Practice Updated: 07 April 2022; Ref: scu.88117
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
‘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
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
