Category: Magistrates

Sandhu v Chief Constable of The West Midlands Police: Admn 5 Nov 2019

This appeal raises issues as to what must be proved before a magistrates’ court can make an order for forfeiture of cash pursuant to section 298(2)(b) of the Proceeds of Crime Act 2002.

Citations:

[2019] EWHC 3316 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates, Criminal Practice

Updated: 25 September 2022; Ref: scu.645827

Da Costa and Co (a Firm) and Collins v Thames Magistrates Court and H M Commissioners of Customs and Excise: QBD 25 Jan 2002

The claimant sought to challenge search warrants issued by the respondents. The warrants were criticised as being too widely drawn, and in breach of the 1984 Act. Criticism was also made of the implementation of the searches, in the use of excess numbers of officers, and the taking of images of hard disks, thus acquiring privileged information about other clients of the accountant claimants.
Held: The imaging of the disks was less intrusive, and no different in principal from the seizure of a ledger book. The officers also questioned staff members using a pre-prepared questionnaire. The use of that should have been raised with the judge issuing the warrant. However no remedy was to be granted save for another admittedly unlawful search.
The Commissioners’ power to seize ‘documents’ when entering with a warrant under paragraph 10(3)(b) of Schedule 11 to the Value Added Tax Act 1994 could extend to the physical removal of computers. ‘Documents’ were defined in section 96(1) of that Act as ‘anything in which information is recorded’, a very similar definition to that in section 114(2) of the Finance Act 2008. The court accepted a submission that: ‘A computer hard disk is a single storage entity which falls within the definition of a ‘document’ in section 96(1) of the 1994 Act because it is something ‘in which information of any kind is recorded’.

Judges:

Lord Justice Kennedy, and Mrs Justice Hallett

Citations:

[2002] EWHC 40 (Admin), [2002] STC 267, [2003] BVC 3, [2002] BTC 5605, [2002] STI 112, [2002] Crim LR 504

Links:

Bailii

Statutes:

Vallue Added Tax Act 1994 72, Police and Criminal Evidence Act 1984 15(6)(b

Jurisdiction:

England and Wales

Cited by:

Cited – H, Regina (on the Application of) v Commissioners of Inland Revenue Admn 23-Oct-2002
The appellant sought judicial review of the seizure by the respondents of computers found on its premises in the course of executing warrants under the Act, even though the computers might contain other matters not relevant to any investigation.
Cited – Glenn and Co (Essex) Ltd), Regina (on The Application of) v HM Revenue and Customs Admn 18-Jun-2010
The company objected to the search of its offices and removal by the defendant of its computers, the officers having entered without any warrant purporting to use powers under the 1989 Act.
Held: The request for judicial review failed. The . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Customs and Excise

Updated: 16 September 2022; Ref: scu.167465

Payne v South Lakeland Magistrates’ Court: Admn 30 Jun 2011

The defendant sought judicial review of a decision by the magistrates to adjourn their trial for speeding to allow the prosecutor to re-open its case and cure a deficiency in the evidence produced.

Judges:

Pitchford LJ, Supperstone J

Citations:

[2011] EWHC 1802 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates

Updated: 16 September 2022; Ref: scu.441964

Crown Prosecution Service, Regina (on The Application of) v Norwich Magistrates’ Court: Admn 18 Jan 2011

The prosecutor appealed against a finding of no case to answer after it had not been allowed to re-open the case to bring additional identification evidence.

Judges:

Richards J

Citations:

[2011] EWHC 82 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates

Updated: 13 September 2022; Ref: scu.440226

Tracy, Regina (on the Application of) v Bangor Magistrates’ Court: Admn 21 Jan 2004

Application for judicial review of the decision of the Bangor Magistrates’ Court to convict him of three motoring offences, namely, driving without due care, failing to stop after an accident and failing to report an accident.

Citations:

[2004] EWHC 172 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates, Road Traffic

Updated: 12 September 2022; Ref: scu.193943

Regina v Hall: CACD 1981

The certificate sent by the Magistrates on committal to the Crown Court indicated that the committal had been under legislation not yet applicable to the particular defendant. The procedure envisaged under each statute was the same, and, as this court pointed out, the committal was the judicial act of the magistrates, which must have taken place before the document came into existence.
Held: Lord Lane CJ said: ‘The justices undoubtedly had power to act as they did under the Magistrates’ Courts Act 1952, sections 7(1) so far as their power to commit for trial is concerned, and under the Criminal Justice Act 1967, section 1, so far as their power to commit for trial without consideration of the evidence is concerned. Consequently the fact that in the certificate which comes into existence later the wrong Act was mentioned seems to us in no way to invalidate the committal.’

Judges:

Lord Lane CJ

Citations:

[1981] 74 Cr App R 67

Jurisdiction:

England and Wales

Cited by:

Cited – Brizzalari v Regina CACD 19-Feb-2004
Limits to Requests for Adverse Inferences
In closing, prosecuting counsel had suggested that during the trial two matters had been mentioned by the defence which had not been mentioned earlier, and that the jury should feel free to draw proper inferences under the 1984 Act from that . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Magistrates

Updated: 11 September 2022; Ref: scu.194270

Killick v West London Magistrates’ Court: Admn 6 Dec 2012

The claimant applied for an order quashing his convictions at the West London Magistrates’ Court for two offences: plying for hire without a licence contrary to section 7 of the Metropolitan Public Carriage Act 1869; and using a motor vehicle without third party insurance contrary to section 143 of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.

Judges:

Collins, Sharp JJ

Citations:

[2012] EWHC 3864 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates

Updated: 10 September 2022; Ref: scu.471267

Page v Lord Chancellor and Another: CA 26 Feb 2021

The appellant was a Christian, opposed to adoption by same sex couples. He expressed his views publicly, and refused to sign an order for such. He complained that his removal from the Magistracy was an act of unlawful discrimination and/or harassment in relation to his religion or belief and/or victimisation.

Citations:

[2021] EWCA Civ 254

Links:

Bailii, Judiciary

Jurisdiction:

England and Wales

Cited by:

See Also – Page v NHS Trust Development Authority CA 26-Feb-2021
. .
Lists of cited by and citing cases may be incomplete.

Magistrates, Discrimination

Updated: 10 September 2022; Ref: scu.658970

McNamara v Public Prosecution Service: CANI 26 Apr 2019

District Judge Watters stated a case for the opinion of the Court of Appeal which raises the issue of whether she had the power, following the appellant’s election and plea of guilty, to refuse jurisdiction and attempt to commit him to the Crown Court.

Judges:

Stephens LJ and Treacy LJ

Citations:

[2019] NICA 21

Links:

Bailii

Jurisdiction:

Northern Ireland

Magistrates

Updated: 09 September 2022; Ref: scu.644079

Eastenders Cash and Carry Plc v South Western Magistrates’ Court: Admn 22 Mar 2011

The claimant sought judicial review of decisions by the magistrates first to issue search warrants, and then to refuse to disclose the information on which it had been based.
Held: The documentation now having been disclosed the second part of the application was academic.

Judges:

Sullivan LJ, Owen J

Citations:

[2011] EWHC 937 (Admin)

Links:

Bailii

Citing:

See Also – Eastenders Cash and Carry Plc v Revenue and Customs FTTTx 29-Dec-2010
FTTTx Excise Duty – warehouse – application for registration as an owner of goods under Warehousekeepers and Owners of Goods Regulations 1999 (‘WOWGR’) – whether decision of HMRC could reasonably have been . .

Cited by:

See Also – Eastenders Cash and Carry Plc and Others v HM Revenue and Customs CA 20-Jan-2012
The Court considered the lawfulness of the exercise of the power claimed by the Commissioners of Her Majesty’s Customs and Excise (HMRC) to detain goods temporarily for the purpose of investigating their status. . .
See Also – Eastenders Cash and Carry Plc v Revenue and Customs FTTTx 27-Mar-2012
FTTTx Procedure – costs – application for costs out of time – whether discretion to entertain an application should be exercised – Rule 5 (3) (a) Tribunal Rules 2009 – whether direction should be made to apply . .
See Also – Barnes v Eastenders Cash and Carry Plc and Others CCC 4-Apr-2012
The respondent had had a receivership order made after ex parte restraint orders were made. The orders were set aside as unlawful, but the receiver now sought his very substantial costs from the respondent’s assets. . .
See Also – Eastenders Cash and Carry Plc and Another v HM Revenue and Customs CA 22-May-2012
The appellants had succeeded in resisting proceedings commenced by the respondents for the seizure of goods. The respondent now argued that costs should not follow the event, asserting a statutory bar. The appellant additionally argued that any such . .
See Also – Crown Prosecution Service v The Eastenders Group and Another CACD 23-Nov-2012
‘application by the CPS for permission to appeal against . . orders made . . in the Central Criminal Court on 8 May 2012. I use the expression ‘in form’ because as will appear there are issues as to the jurisdiction of the court. The case raises . .
See Also – Eastenders Cash And Carry Plc And Others v The United Kingdom ECHR 27-Nov-2013
Statement of Facts – The company’s goods had been detained by Customs and Excise. A court later ordered their return, but found the detention to have been with reasonable cause. The Revenue had successfully argued that costs could not be awarded . .
See Also – Barnes (As Former Court Appointed Receiver) v The Eastenders Group and Another SC 8-May-2014
Costs of Wrongly Appointed Receiver
‘The contest in this case is about who should bear the costs and expenses of a receiver appointed under an order which ought not to have been made. The appellant, who is a former partner in a well known firm of accountants, was appointed to act as . .
See Also – Eastenders Cash and Carry Plc and Others, Regina (on The Application of) v Revenue and Customs SC 11-Jun-2014
Alcoholic drinks had been seized by the respondents pending further enquiries with a view to a possible forfeiture, then held and returned but only under court order. The company had complained that the detention of the goods was unlawful. The . .
Lists of cited by and citing cases may be incomplete.

Magistrates

Updated: 08 September 2022; Ref: scu.434861

Brighton and Hove City Council v Brighton and Hove Justices and Hamdan: QBD 29 Jul 2004

Stanley Burnton J said that he had no doubt that the appropriate procedure for challenging decisions relating to liability orders is by way of case stated: ‘ the appropriate procedure to challenge the decision of the justices of 28 May 2003 was by appeal by way of case stated. This is the normal procedure for challenging errors of law by justices. It has a number of advantages, not the least of which is that the discipline of a case stated normally ensures that the High Court has before it a statement by the justices of the issues they had to decide, the evidence before them, their findings of fact and the reasons for their decision. If the case stated is defective (because, for example, the justices’ statement of their findings of fact is ambiguous), it may be remitted to them for amendment: see the Practice Direction to Part 52 at 52PD.76. The reasons of the justices in the present case are relatively informal, and do not include what I would expect to see in a case stated. Furthermore, in an appeal by way of case stated, this Court is able to make any order that the lower court might have made: see CPR Part 52.10 (1). The powers of this court on judicial review are more limited: it can quash the lower court’s order and order it to make another order only if that other order is the only one properly open to it.’

Judges:

Mr Justice Burnton

Citations:

[2004] EWHC 1800 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Kenya Aid Programme v Sheffield City Council Admn 22-Jan-2013
The claimant challenged a decision that it was liable for non domestic rates in respect of some commercial units, on the basis that the use by the charity was not itself charitable.
Held: ‘there is no reason for limiting the ambit of the . .
Lists of cited by and citing cases may be incomplete.

Rating, Magistrates

Updated: 07 September 2022; Ref: scu.200305

Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court: Admn 21 Dec 2010

The claimant appealed against a refusal by the magistrate to allow access to documents filed during proceedings when the court felt that all relevant matters had been discussed openly and in detail in court.
Held: The appeal failed, and the court refused leave to appeal.

Judges:

Sullivan LJ and Silber J

Citations:

[2010] EWHC 3376 (Admin), [2011] EMLR 12, [2011] 1 Cr App R 36, [2011] ACD 27, [2011] 1 WLR 1173

Links:

Bailii

Statutes:

Supreme Court Act 1981 18(1)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another CA 25-Oct-2011
The claimant newspaper sought to appeal against a refusal by the respondent to disclose papers filed in a case before it. The court considered whether it had jurisdiction to hear an appeal.
Held: Under the 1981 Act no appeal would lie if the . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Litigation Practice

Updated: 31 August 2022; Ref: scu.427393

Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court: QBD 23 Jul 2004

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. Such an order is available for a child under 15 if he is a persistent offender. If the offence is grave, and an adult might be punished with 14 years or more, the Youth Court can transfer the case to the Crown Court which can order his detention to the same maximum as an adult. Because of the unfairnesses of the voulntary bill procedure, a prosecutor seeking to have a matter transferred to the Crown Court, should normally take the matter for judicial review.

Judges:

Lord Justice Kennedy Mr Justice Treacy

Citations:

[2004] EWHC 1805 (Admin), Times 12-Aug-2004, [2004] 4 All ER 699, [2005] 1 WLR 810, [2005] 1 Cr App Rep 6

Links:

Bailii

Statutes:

Magistrates Courts Act 1980 24(1), Powers of Criminal Courts (Sentencing) Act 2000 91 100 101

Jurisdiction:

England and Wales

Citing:

Cited – Regina (W) v Southampton Youth Court Admn 2002
The court discussed the principles applicable when sentencing very young offenders: ‘The simple principle underlying the current legislation for sentencing very young offenders is that, generally speaking, first-time offenders aged 13 and 14, and . .
Cited – C v Balham Youth Court Admn 22-May-2003
The court discussed sentencing practice on very young offenders: ‘The fact than an offender . . does not qualify for a detention and training order because he is only 14 and not a persistent offender is not an exceptional circumstance to justify . .
Cited – C and D, Regina (on the Application of) v Sheffield Youth Court and Another Admn 23-Jan-2003
In making its sentencing decision the Youth Court should take into account any undisputed fact put forward in mitigation, such as the good character of the accused, and the Youth Court must consider the sentencing powers of the Crown Court under . .
Cited – Regina v Crown Court At Snaresbrook ex parte Director of Serious Fraud Office Admn 16-Oct-1998
A challenge to a judge’s dismissal of cases, or his refusal to stay an indictment in fraud cases transferred from the magistrates Court, should be by judicial review, and not by voluntary bill of indictment. This would give the defendant a chance to . .
Cited – M and W, Regina (on the Application of) v West London Youth Court Admn 30-Apr-2004
The court considered how the sentencing of a youth should be approached: ‘Whether there is a real prospect that a custodial sentence of, or in excess of, 2 years might be required, or is there any unusual feature of this case which might justify a . .
Cited – Regina v Bol Joseph CACD 2001
The court upheld a sentence of three years detention imposed under section 91(3) of the 2000 Act on a 14 year old boy who had with others attempted to rob a man of his computer and his wallet. The offence was late at night, the appellant produced a . .
Cited – Regina v l Lobban Sawyers and Others, Regina v Q; Attorney General’s Reference Nos 4 and 7 Of 2002 CACD 29-Jan-2002
The appeals concerned sentences for robbery of mobile phones in public places.
Held: Such thefts had become commonplace. The court would not set out to provide sentencing guidelines, but rather to bring together existing guidance. The courts . .
Cited – Regina v Manchester Crown Court ex parte Williams and Simpson 1990
If an application to prefer a Voluntary Bill is successful there is no right of appeal, and nor can the decision be made subject to judicial review. . .
Cited – Consolidated Practice Direction LCJ 2002
The court gave general guidance on criminal practice. As to voluntary bills of indictment, to protect defendants: ‘save where there are good grounds for doing otherwise – (1) They must receive notice of an application for a Voluntary Bill with . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Criminal Practice

Updated: 29 August 2022; Ref: scu.199477

Latham v Northampton Magistrates’ Court: Admn 6 Feb 2008

Citations:

[2008] EWHC 245 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Percy, Regina (on the Application of) v Corby Magistrates’ Court Admn 7-Feb-2008
The claimant sought judicial review of a decision of the magistrates not to issue summonses against two police officers. She had been demonstrating near a US base, but had refused to intervene and allowed a US officer to unlawfully arrest and detain . .
Lists of cited by and citing cases may be incomplete.

Crime, Magistrates

Updated: 26 August 2022; Ref: scu.266036

Stone, Regina (on The Application of) v Camberwell Green Magistrates Court and Another: Admn 29 Jun 2010

The claimant sought an order directing the interested party (the Police Commissioner) to pay her costs of defending forfeiture proceedings which were brought by the interested party against the claimant in the Camberwell Green Magistrates’ Court.

Judges:

Moses LJ, Wyn Williams J

Citations:

[2010] EWHC 2333 (Admin), (2010) 174 JP 567

Links:

Bailii

Magistrates

Updated: 24 August 2022; Ref: scu.424778

Medway Ports Authority (Port of Sheerness) v Captain Fincken: Admn 30 Jun 2010

Appeal by way of case stated which raises the question as to whether it was lawful for the magistrates sitting at the Medway Court on 30th November 2009 to dismiss two summonses alleging a failure to notify the Ports Authority for the purposes of obtaining pilotage. The magistrates dismissed the summonses on the basis that no one had appeared on behalf of the prosecution to prosecute the case against a ship captained by Captain Fincken, and named the Rainbow Warrior.

Judges:

Moses LJ, Wyn Williams J

Citations:

[2010] EWHC 2229 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates, Criminal Practice

Updated: 24 August 2022; Ref: scu.424077

Luton Borough Council v Altavon Luton Ltd and Others: Admn 31 Jul 2019

The Council appealed by case stated from a finding that its prosecution of the defendant respondents was ut of time.
Held: The allegation in the information laid was of a continuing act.

Judges:

Nicola Davies LJ, Gross J

Citations:

[2019] EWHC 2415 (Admin)

Links:

Bailii

Statutes:

Management of Houses in Multiple Occupation (England) Regulations 2006, Magistrates’ Court Act 1980 127

Jurisdiction:

England and Wales

Housing, Crime, Magistrates

Updated: 23 August 2022; Ref: scu.642685

Rathor, Regina (on The Application of) v Southampton Magistrates Court: Admn 9 Oct 2018

Challenge to magistrate’s decision to refuse adjournment of trial. The defendant had a medial evidence to say he suffered food poisoning, but was not in the correct form.
Held: The district judge had failed to apply the case of Jones. The case was remitted for hearing by a differently constituted court.

Judges:

Andrews DBE J

Citations:

[2018] EWHC 3278 (Admin)

Links:

Bailii

Statutes:

Magistrates Court Act 1980 142

Jurisdiction:

England and Wales

Magistrates, Criminal Practice

Updated: 23 August 2022; Ref: scu.631197

Wandless, Regina (on The Application of) v Halifax Magistrates’ Court and Another: Admn 2 Apr 2009

The applicant had been disabled in an accident, had bought and sold various properties, and used the proceeds of sale to repay various debts. He now sought judicial review of an order for his committal to prison for non-payment of Council Tax.
Held: The appeal succeeded.

Judges:

King J

Citations:

[2009] EWHC 1857 (Admin), [2010] RVR 6

Links:

Bailii

Taxes – Other, Magistrates

Updated: 19 August 2022; Ref: scu.417126

Bentley-Thomas v Winkfield Parish Council: Admn 5 Feb 2013

The appellant challenged an order to pay over andpound;18,000 costs after losing her complaint of statutory nuisance against the Parish Council. She had complained as to the noise coming from a playground.
Held: She had brought the proceedings knowing of several reasons making her action inappropriate and unnecessary. However, she had followed proper procedures, the case had an evidential basis, supported by expert evidence, and ‘this prosecution cannot be described as having been, at the outset and in the way that it was pursued, so self-evidently lacking in merit that the case should not have been brought or, put otherwise, it was without any realistic prospect of success.’ The order was quashed.

Judges:

Goldring LJ, Fulford J

Citations:

[2013] EWHC 356 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 82(1), Costs in Criminal Cases (General) Regulations 1986 3, Prosecution of Offences Act 1985 19

Jurisdiction:

England and Wales

Citing:

Cited – Director of Public Prosecutions v Denning 1991
Nolan LJ considered the test for whether proceedings had been begiun ‘unnecessarily or improperly’so as to decide the question of costs awards in Magistrates proceedings, saying: ‘I would add in this connection that the word ‘improper’ in this . .
Cited – Suffolk County Council v Rexmore Wholesale Service Limited Admn 1994
A costs order had been made against the prosecution, who now appealed.
Held: It was necessary to look at the relevant decisions at the point the proceedings were instituted rather than applying a level of knowledge gathered later: ‘With the . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Nuisance, Costs

Updated: 16 August 2022; Ref: scu.472494

Regina v Liverpool City Justices ex parte Topping: 1983

When the Applicant appeared before the Justices, his solicitor submitted that the Justices should acknowledge that they were aware that in addition to the matter which they were about to try (that is to say an offence of criminal damage against a door) the Applicant was also facing six complaints of failing to answer to bail and one of being drunk in a public place, and with that knowledge, they should not continue to hear the allegation, as they would or might not be prejudiced by their knowledge from the court sheets of those outstanding charges.
Held: The test of whether there had been a fair hearing in a case of doubt ‘We conclude that the test to be applied can conveniently be expressed by slightly adapting the ‘words of Lord Widgery CJ in a test which he laid down in Reg v Uxbridge Justices, ex parte Burbridge apparently only reported in The Times June 20th, 1972, but referred to by him [in a later case]: Would ‘a reasonable and fair-minded person sitting in the court and’ knowing all the relevant facts have a ‘reasonable suspicion that a fair trial for’ the applicant ‘was not possible’.’

Judges:

Ackner LJ

Citations:

[1983] 1 WLR 119

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Uxbridge Justices, ex parte Burbridge 20-Jun-1972
When considering the fairness of a particular tribunal hearing a case, the test was whether ‘a reasonable and fair-minded person sitting in the court and’ knowing all the relevant facts have a ‘reasonable suspicion that a fair trial for’ the . .

Cited by:

Cited – Regina v Carroll and Al-Hasan and Secretary of State for Home Department Admn 16-Feb-2001
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden . .
Lists of cited by and citing cases may be incomplete.

Natural Justice, Magistrates

Updated: 15 August 2022; Ref: scu.211434

Hope and Glory Public House Ltd, Regina (on The Application of) v City of Westminster Magistrates Court and Others: CA 26 Jan 2011

The court was asked as to the approach which should be taken by a Magistrates Court hearing an appeal from a decision under the 2003 Act.
Held: Before a Magistrates’ Court can interfere with the Sub-Committee’s decision, it must be satisfied that the decision of the licensing authority was wrong.
Toulson LJ said: ‘It is right in all cases that the magistrates’ court should pay careful attention to the reasons given by the licensing authority for arriving at the decision under appeal, bearing in mind that Parliament has chosen to place responsibility for making such decisions on local authorities. The weight which magistrates should ultimately attach to those reasons must be a matter for their judgment in all the circumstances, taking into account the fullness and clarity of the reasons, the nature of the issues and the evidence given on the appeal.’

Judges:

Toulson LJ

Citations:

[2011] EWCA Civ 31, [2011] PTSR 868, (2011) 175 JP 77

Links:

Bailii

Statutes:

Licensing Act 2003 181(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Leeds City Council v Leeds District Magistrates and Another Admn 11-Apr-2013
The court had allowed an appeal against a decision of the appellant’s licensing sub-committee refusing a Premises Licence. The Council now appealed against the award of costs, sayin that no reasons had been given.
Held: There were no findings . .
Cited – Hesham Ali (Iraq) v Secretary of State for The Home Department SC 16-Nov-2016
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Licensing

Updated: 14 August 2022; Ref: scu.428311

West Midlands Probation Board v French: Admn 31 Oct 2008

The respondent had been released on licence from prison. On being brought back to court on other allegations, he challenged the validity of the notice of the terms of his licence, and required evidence of those terms.

Citations:

[2008] EWHC 2631 (Admin), (2008) 172 JP 617, [2009] Crim LR 283, [2009] 1 WLR 1715, [2009] 1 Cr App Rep 29

Links:

Bailii

Statutes:

Criminal Justice Act 1991 40A

Jurisdiction:

England and Wales

Cited by:

Cited – Carter v Crown Prosecution Service Admn 27-Jul-2009
An authorisation had been given for the police to exercise additional powers to control anti-social behaviour. It had been marked ‘restricted’, and the notice provisions were not originally complied with. A proper but incomprehensible notice was . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Criminal Evidence

Updated: 13 August 2022; Ref: scu.277547

Child Support Agency, Regina (on the Application Of) v L: Admn 16 Jul 2008

Two appeals by way of case stated raising similar points about the powers of a Magistrates’ Court when asked to make a liability order under Section 33 of the Child Support Act 1991

Citations:

[2008] EWHC 2193 (Admin), [2008] Fam Law 1086, (2008) 172 JPN 789, (2008) 172 JP 547, [2009] 1 FLR 31

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates, Child Support

Updated: 13 August 2022; Ref: scu.278253

McCombie, Regina (on The Application of) v Liverpool City Magistrates’ Court: Admn 2 Nov 2009

Application for judicial review of a decision of the District Judge to refuse to state a case in relation to a criminal trial that he had conducted whereby he found the present claimant guilty of road traffic offences, driving without due care and attention, failing to stop and failing to report an accident.

Judges:

Blake J

Citations:

[2009] EWHC 2881 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates, Road Traffic

Updated: 07 August 2022; Ref: scu.381475

Bhatti and Others v Croydon Magistrates Court and Others: Admn 6 Nov 2009

Citations:

[2009] EWHC 3004 (Admin)

Links:

Bailii

Citing:

Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Police

Updated: 07 August 2022; Ref: scu.381470

Regina v Bow Street Metroplitan Stipendiary Magistrate, Ex parte Director of Public Prosecutions: QBD 1992

Defendant policemen challenged as an abuse of process, the issue of summonses relating to events some 18 years earlier.
Neill LJ said: ‘The freeing of the Guildford Four and the comments made by the Court of Appeal attracted immediate and very wide spread publicity. We have seen, as did the magistrate, copies of the press reports. We have also been provided with video-recordings of television programmes and television news reports which were shown on October 19, 1989 and in the succeeding weeks. In addition we have had an opportunity to see video-recordings of later programmes broadcast in the course of 1990. It is right to say that much of the contemporary publicity was sensational, critical of the police and in some cases clearly hostile to the police. The comments that the respondents were liars provided headline news. I shall have to return later to consider the possible effect of this publicity on the prospects of a fair trial.’ and ‘In my judgment a clear distinction can be drawn between the publicity in the period immediately after the release of the Guildford Four and the reports and broadcasts after December 1989. The earlier material could have been prejudicial to a trial in, say, the first part of 1990. The later material on the other hand could not be regarded in my view as prejudicial in a relevant sense. Even in relation to the earlier material, however, I am quite satisfied that none of the publicity which I have seen could affect a fair trial in, at the earliest, the Autumn of 1992. A jury would be perfectly capable of deciding the case on the evidence without regard to what they might have seen or read three years or so before.’

Judges:

Neill LJ

Citations:

[1992] 95 Cr App R 9, [1993] 2 WLR 621

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Alan Martin (On Appeal From Her Majesty’s Courts – Martial Appeal Court) HL 16-Dec-1997
A civilian who was subject to military law whilst abroad was properly tried by a court-martial for a murder committed whilst abroad. The accused was the son of a serving soldier, and living with him, and subject to martial law. There was no inherent . .
Cited – Regina v Stone CACD 14-Feb-2001
The defendant appealed against his conviction in 1998 of murder based on a confession said to have been made to a fellow prisoner on remand. A witness supporting that confession said after the trial that he had lied under police pressure. The appeal . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Media, Criminal Practice

Updated: 06 August 2022; Ref: scu.183204

Chief Constable of Cleveland Police v Vaughan: Admn 12 Oct 2009

Judges:

Scott Baker LJ, Cranston J

Citations:

[2009] EWHC 2831 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Michael v Gowland 1977
The case stated procedure has a strict requirement that it be begun within 21 days. There is no discretion to extend that time limit. . .
Lists of cited by and citing cases may be incomplete.

Magistrates

Updated: 05 August 2022; Ref: scu.377892

Cambridge City Council, Regina (On the Application of) v Alex Nestling Ltd: Admn 17 May 2006

Citations:

[2006] EWHC 1374 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
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, . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Costs, Licensing

Updated: 04 August 2022; Ref: scu.376250

Leeds City Council v Leeds District Magistrates and Another: Admn 11 Apr 2013

The court had allowed an appeal against a decision of the appellant’s licensing sub-committee refusing a Premises Licence. The Council now appealed against the award of costs, sayin that no reasons had been given.
Held: There were no findings of fact made which, applying the principles set out in the City of Bradford case and Perinpanathan, would have justified the costs order that was made. The appeal succeeded.

Judges:

Supperstone J

Citations:

[2013] EWHC 1346 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – City of Bradford Metropolitan District Council v Booth Admn 10-May-2000
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 . .
Cited – Hope and Glory Public House Ltd, Regina (on The Application of) v City of Westminster Magistrates Court and Others CA 26-Jan-2011
The court was asked as to the approach which should be taken by a Magistrates Court hearing an appeal from a decision under the 2003 Act.
Held: Before a Magistrates’ Court can interfere with the Sub-Committee’s decision, it must be satisfied . .
Cited – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
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, . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Costs

Updated: 03 August 2022; Ref: scu.510016

Newman v Commissioner of the Police of the Metropolis: Admn 25 Mar 2009

The defendant appealed against the admission of evidence on the respondent’s application for a football bannng order. A witness statement was based on intelligence reports which meant that the witness could not be effectively examined by he defence.
Held: The magistrates should have proceeded by admitting the evidence, and an appeal court would have been better able to give the advice now sought. However: ‘ the justices were plainly correct to proceed on the basis that there are no directly applicable disclosure requirements in relation to an application for a football banning order under section 14B. These are civil proceedings, and the rules relating to disclosure of unused material in criminal proceedings do not apply to them. The disclosure provisions of the Civil Procedure Rules do not apply to magistrates’ courts, as was observed in Cleary. There are specific statutory provisions and rules governing the admission of hearsay evidence, but there are none laying down any particular disclosure regime.
In those circumstances, as it seems to me, the justices were correct to approach the matter by reference to the imperative of ensuring fairness in the proceedings before them, that is to say by considering whether the evidence that the Commissioner sought to rely on which was in principle admissible was evidence that could fairly be admitted in the absence of disclosure of underlying material: in particular, whether it was unfair for the first witness statement of PC Davies to be admitted without disclosure of the source material on which it was based, and whether it was unfair for the compilation disc, with the accompanying witness statement, to be admitted without disclosure of the full CCTV videos from which the compilation clips were drawn.’

Judges:

Richards LJ, Teare J

Citations:

[2009] EWHC 1642 (Admin)

Links:

Bailii

Statutes:

Football Spectators Act 1989 14B 14C

Citing:

Cited – Gough and Another v Chief Constable of Derbyshire; Regina (Miller) v Leeds Magistrates’ Court; Lilley v Director of Public Prosecutions QBD 13-Jul-2001
Challenges were made to the powers banning the free movement of those convicted of offences of violence. Orders had been made banning the applicants from attending football matches, and requiring attendance at police stations at times of matches . .
Cited – Gough and Another v Chief Constable of Derbyshire CA 20-Mar-2002
The appellants challenged the legality under European law of orders under the Act restricting their freedom of movement, after suspicion of involvement in football violence.
Held: Although the proceedings under which orders were made were . .
Cited – 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
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 . .
Cited – Cleary, Regina (on the Application of) v Highbury Corner Magistrates’ Court and others Admn 26-Jul-2006
The police sought the closure of premises under an anti-social behaviour order.
Held: A body seeking such an order had an obligation to serve written copies of the evidence upon which they wished to rely on the proposed respondent. The . .
Lists of cited by and citing cases may be incomplete.

Criminal Evidence, Magistrates

Updated: 30 July 2022; Ref: scu.347711

James v Tower Bridge Magistrates’ Court: Admn 9 Jun 2009

The claimant challenged the decisions of the magistrates first to convict him under the 1992 Act in his absence, and then to refuse to re-open the case. He had attended late on the trial date, after attending hospital overnight with his young daughter, and his solicitors had only received confirmation of the representation order one or two days before the hearing and could not represent him.
Held: The appeal succeeded and the convictions quashed. The court had misgivings about the accounts given, but the court had failed to enquire as to the reasons for the defence failures: ‘applying the principles stated in Jones and other cases, in my judgment there has been no fair trial, and the circumstances were such that an adjournment should have been granted.’

Judges:

Pill LJ, Cranston J

Citations:

[2009] EWHC 1500 (Admin)

Links:

Bailii

Statutes:

Social Security Administration Act 1992

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Camberwell Green Magistrates’ Court ex parte Ibrahim 1984
Taylor J said: ‘In my judgment, it is unfair and contrary to the interests of justice that simply because the applicant arrived half an hour late, she should be barred for ever from raising such defence as she wishes to what could be regarded as a . .
Cited – Regina v Jones (Anthony William) HL 20-Feb-2002
The defendant absconded, and did not appear for his trial despite several listings. The trial proceeded in his absence entirely. After arrest, he appealed, saying that he had not had a fair trial.
Held: It was not suggested that he did not . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Natural Justice

Updated: 30 July 2022; Ref: scu.347474

Blouet v Bath and Wansdyke Magistrates Court: Admn 12 Mar 2009

Application for judicial review of the decision of the district judge, sitting at Bath and Wansdyke Magistrates’ Court, not to order a fact-finding exercise rather than a trial.

Citations:

[2009] EWHC 759 (Admin), [2009] MHLR 71

Links:

Bailii

Statutes:

Powers of Criminal Courts (Sentencing) Act 2000 11(1), Mental Health Act 1983 37(3)

Jurisdiction:

England and Wales

Judicial Review, Magistrates, Health

Updated: 30 July 2022; Ref: scu.347435

Murray, Regina (on the Application of) v Birmingham Magistrates Court: Admn 1 Apr 2009

The claimant sought judicial review of a decision by the respondents that a statement he had sworn in connection with a criminal prosecution should be admissible in forfeiture proceedings now brought by the police following his conviction.

Judges:

Sir Anthony May, Dobbs J

Citations:

[2009] EWHC 1546 (Admin)

Links:

Bailii

Magistrates, Police

Updated: 30 July 2022; Ref: scu.347436

Regina v Guildford Magistrates’ Court, ex parte Healy: CACD 1983

Magistrates faced with a claim of abuse of process should recognise the wider responsibility for upholding the rule of law which must be that of the High Court. If a serious question arises as to the deliberate abuse of extradition procedures a magistrate should allow an adjournment so that an application can be made to the Divisional Court.

Judges:

Buxton LJ

Citations:

[1983] 1 WLR 108

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Belmarsh Magistrates’ Court ex parte Fiona Watts Admn 8-Feb-1999
The defendant sought to have dismissed as an abuse of proces charges against her that as an officer of Customs and Excise prosecuting the now private prosecutor, she had committed various offences.
Held: The magistrate was vested with . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Magistrates

Updated: 28 July 2022; Ref: scu.244672

Morris v Matthews: CA 1981

On a prosecution for theft, the prosecution failed to read a statement from the owner of the property, which statement had been served on the defence pursuant to Section 9 of the Criminal Justice Act 1967. It was submitted that there was no case to answer, but the court then allowed the statement to be read.
Held: Lloyd J said: ‘The discretion is not limited to cases where what has been omitted is merely formal or technical. It includes matters of substance. The essence of a discretion is that it can be exercised in more than one way. It must always, of course, be exercised judicially. But there is no case for arguing that the discretion was not exercised judicially here. In addition, this particular discretion must be exercised carefully, having regard to the need to be fair to the defendant and to reach finality.’

Judges:

Lloyd J, Lord Lane CJ

Citations:

[1981] JP 233

Jurisdiction:

England and Wales

Cited by:

Cited – Christopher James Jolly v Director of Public Prosections Admn 31-Mar-2000
At trial in the magistrates court, the prosecution had failed to bring evidence that the computer used to analyse the defendant’s breath alcohol was in proper working condition. The defendant submitted no case to answer, and the magistrates allowed . .
Cited – Tuck v Vehicle Inspectorate Admn 24-Mar-2004
The defendant appealed a conviction for exceeding the gross permitted weight on a goods vehicle. The magistrates having heard the case, the defendant submitted there was no case to answer, the prosecution having failed to bring evidence as to the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice, Magistrates

Updated: 28 July 2022; Ref: scu.195674

Sweeney v Westminster Magistrates Court and Another: Admn 25 Jun 2014

The claimant challenged the lawfulness of a search warrant issued by the first defendant, the Westminster Magistrates Court.
Held: ‘The challenges brought by the claimant as to the warrant and Information cannot be described as technical challenges, they go to the substance of the application. The absence of the identified information serves to undermine the decision of the Justices.’

Citations:

[2014] EWHC 2068 (Admin), [2014] Env LR 31, [2014] Lloyd’s Rep FC 685, (2014) 178 JP 336

Links:

Bailii

Statutes:

Police and Criminal Evidence Act 1984 8, Environment Act 1995

Jurisdiction:

England and Wales

Magistrates

Updated: 26 July 2022; Ref: scu.533204

Regina v Bristol Magistrates’ Court, ex parte Rowles: 1994

A court should grant an adjournment where a party’s witness was unable to attend, and that witness’ evidence was critical for a real issue in the case. Adjournments give rise to a proper sense of frustration in Justices confronted with frequent applications.

Judges:

Farquharson LJ

Citations:

[1994] RTR 40

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Hereford Magistrates’ Court (ex parte Rowlands, Ingram); Regina v Harrow Youth Court (ex parte Prussia) Admn 10-Feb-1997
The power to adjourn a trial is conferred upon Justices by statute. The divisional court will intervene where defendants have been deprived of a fair opportunity to present their case. The decision whether to grant an adjournment is not a mechanical . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Criminal Practice

Updated: 25 July 2022; Ref: scu.179887

Norbrook Laboratories (Gb) Limited v Health and Safety Executive: Admn 3 Feb 1998

Justices who were considering making use of their own local knowledge in making a decision must allow both representatives to know of this intention and to comment.

Citations:

Times 23-Feb-1998, Gazette 05-Mar-1998, [1998] EWHC Admin 138

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Referred to – Norbrook Laboratories v Ministry of Agriculture, Fisheries and Food ECJ 2-Apr-1998
ECJ Directives 81/851/EEC and 81/852/EEC – Veterinary medicinal products – Marketing authorisation . .

Cited by:

reference from – Norbrook Laboratories v Ministry of Agriculture, Fisheries and Food ECJ 2-Apr-1998
ECJ Directives 81/851/EEC and 81/852/EEC – Veterinary medicinal products – Marketing authorisation . .
Lists of cited by and citing cases may be incomplete.

Magistrates

Updated: 25 July 2022; Ref: scu.138259

Bright v Vale of Glamorgan Magistrates’ Court: Admn 2 Apr 2009

Renewed application for permission to apply for judicial review of a decision of the Vale of Glamorgan Magistrates’ Court relating to the enforcement of a costs order against him after his failed private prosecution. After failure to pay, an order for his committal was made.
Held: The section allowed such an order only as against an accused. The enforcement proceedings to be brought were only civil.

Judges:

Richards LJ, Teare J

Citations:

[2009] EWHC 874 (Admin)

Links:

Bailii

Statutes:

Administration of Justice Act 1970 41(1)

Jurisdiction:

England and Wales

Contempt of Court, Magistrates

Updated: 24 July 2022; Ref: scu.341846

Perinpanathan v City of Westminster Magistrates Court: Admn 10 Mar 2009

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:

Proceeds of Crime Act 2002, Magistrates Courts Act 1980 820

Cited by:

Appeal from – Perinpanathan, Regina (on The Application of) v City of Westminster Magistrates Court and Another CA 4-Feb-2010
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, . .
Lists of cited by and citing cases may be incomplete.

Costs, Magistrates

Updated: 24 July 2022; Ref: scu.341183

Crown Prosecution Service v City of London Magistrates’ Court and Gill: Admn 20 Dec 2005

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 found they had not served the appropriate notice under the original procedure.
Held: The failure was not fatal to the case. The hearsay provisions had to be applied, but the magistrate should have relied upon s5D.

Citations:

Times 17-Apr-2006, [2005] EWHC 3205 (Admin)

Links:

Bailii

Statutes:

Magistrates’ Courts Act 1980 5(d) 6(1), Criminal Procedure and Investigation Act 1996

Jurisdiction:

England and Wales

Citing:

Applied – Regina v Osieh CACD 5-Mar-1996
The alteration of an indictment by the adding of a new charge is not completely to be barred, but the court may think it proper to allow an adjournment. . .
Cited – Regina v H CACD 22-Aug-2005
. .
Cited – Bradley, Regina v CACD 14-Jan-2005
The defendant complained that his criminal record had been placed before the jury under the Act, even though the proceedings had been begun before the commencement date.
Held: The provisions of the Act were procedural in nature and therefore . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Criminal Practice

Updated: 24 July 2022; Ref: scu.238417

Miller v Director of Public Prosecutions: Admn 25 Mar 2004

The defendant pleaded guilty by post in March 1999 to speeding offences. The magistrates wanted to consider and (unlawfully) issued a warrant backed for bail. The warrant was not served until 2001. The appeal took a further long period.
Held: The delay was so unreasonable for this kind of case as to amount to an infringement of the defendant’s rights. There had been no difficulty created however in deciding the case, and therefore the conviction stood. The issue was remedied to the extent possible, by treating the delay as an exceptional hardship, and reducing the consequent totting up disqualification to 5 months. An order for costs was confirmed against the CPS.

Judges:

Mr Justice Richards

Citations:

[2004] EWHC 595 (Admin), Times 07-Jun-2004

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Magistrates, Road Traffic, Human Rights

Updated: 24 July 2022; Ref: scu.194998

Brett v Director of Public Prosecutions: Admn 16 Mar 2009

The defendant faced trial for driving whilst over the prescribed alcohol limit. On a pre-trial review, the prosecution had applied for the evidence of the analyst to be given under the hearsay provisions, on the basis that she was living abroad. She had not been warned and it was not reasonably practicable to secure her attendance. At trial, the deputy district judge considered that he was bound by that ruling and refused to hear further argument on the issue of admissibility. One aspect of the case stated was whether the district judge was correct.
Held: The court allowed the appeal, applying sections 8A and 8B of the 1980 Act. There was no question of the pre-trial ruling binding the deputy judge in relation to the trial. At the trial very different considerations obtained compared with the pre-trial hearing, in particular relating to the attendance by the analyst and securing her evidence since – by then – the prosecution could well have obtained her attendance.

Judges:

Leveson LJ, Sweeney J

Citations:

[2009] EWHC 440 (Admin), [2009] 1 WLR 2530, (2009) 173 JP 274

Links:

Bailii

Statutes:

Road Traffic Act 2006 5(2)(a), Magistrates’ Court Act 1980 8A 8B

Jurisdiction:

England and Wales

Citing:

Cited – Director of Public Prosecutions, Regina (on the Application of) v Chorley Justices and Forrest Admn 8-Jun-2006
The prosecutor applied for an order to require the magistrates to state a case. He faced a charge of driving with excess alcohol. He pleaded not guilty. There were several adjournments, and a considerable delay. At the trial, and with no . .

Cited by:

Cited – Jones v South East Surrey Local Justice Area Admn 12-Mar-2010
The defendant sought judicial review of a decision of the magistrates to adjourn a case where, on the day before, a differently constitued bench had refused an adjournment requested by the prosecution. On the first occasion the prosecutor had not . .
Cited – Bielecki v The Director of Public Prosecutions Admn 23-Aug-2011
The court had delivered a draft judgment which counsel said was based upon a fundamental misunderstanding of the case she had presented. Counsel now suggested that the matter should be referred to a two judge divisional court. That was refused. The . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Magistrates

Updated: 23 July 2022; Ref: scu.323733

Waveney District Council v Lowestoft (North East Suffolk) Magistrates’ Court and Another: Admn 25 Nov 2008

The council appealed by case stated against rejection of its claim of an asserted noise nuisance at the defendant’s paint factory. The magistrates had found that the notice had been served on the wrong (though related) company, and refused permission to alter the notice at trial.
Held: The appeal failed. The application to amend amounted to an admission that the defect was real and material. The Regulations did not include such a power, and it would be wrong now to consider an argument not faced by the magistrates. The council had also proceeded despite evidence that any nuisance had been abated.

Judges:

Charles J

Citations:

[2008] EWHC 3295 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990, Statutory Nuisance (Appeals) Regulations 1995

Citing:

Applied – City of Bradford Metropolitan District Council v Booth Admn 10-May-2000
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 . .
Lists of cited by and citing cases may be incomplete.

Environment, Magistrates

Updated: 23 July 2022; Ref: scu.293940

Bentham, Regina (on the Application of) v HM Prison Wandsworth: Admn 7 Feb 2006

The defendant sought a writ of habeas corpus, saying that he had been wrongfully committed to the crown court under the 1998 Act. The note referred only to a ‘conspiracy without further specification. The crown court had remitted him to the magistrates on this basis.
Held: The tail must not be allowed to wag the dog. The decision of substance is that of magistrates under section 51(1) of the 1998 Act, to send the person to the Crown Court for trial. Only thereafter and then by way of an administrative act, is the notice prepared. No particular form is prescribed for the section 51(7) notice.

Judges:

Hooper LJ, Gross J

Citations:

[2006] EWHC 121 (Admin)

Links:

Bailii

Statutes:

Crime and Disorder Act 1998 5197), Criminal Procedure Rules 2005 7.2

Jurisdiction:

England and Wales

Citing:

Cited – Regina v McGrath CACD 2003
The section 51(7) notice stated that the person had been sent for trial to the Crown Court ‘on the following indictable only offence: burglary, aggravated.’ Apart from the misspelling, the point was taken on appeal that the notice did not make clear . .
Cited – Regina v Carey 1983
Magistrates had failed to sign the committal papers when sending the case to the crown court.
Held: Applying Hall, the committal remained effective. . .
Cited – Fehily and Others v Governor of Wandsworth Prison and Another Admn 19-Jun-2002
The defendants had been sent direct for trial under the section, being charged with indictable only offences, but the prosecution had failed to serve the necessary evidence and documents within the time limit. No application was made by the . .
Cited – Regina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
Cited – Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department CA 21-May-1999
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant . .
Lists of cited by and citing cases may be incomplete.

Magistrates

Updated: 21 July 2022; Ref: scu.238413

Morris v Director of Public Prosecutions: Admn 14 Nov 2008

Appeal from conviction for driving with excess alcohol. The driver complained that the police had destroyed CCTV evidence of the administration of the statutory warning on his being tested. The appeal failed. The defendant had given no indication that he might wish to challenge the warning.

Citations:

[2008] EWHC 2788 (Admin), (2009) 173 JP 41

Links:

Bailii

Statutes:

Road Traffic Act 1988 5(1)(a) 7(7)

Jurisdiction:

England and Wales

Magistrates

Updated: 21 July 2022; Ref: scu.278425

Regina v Metropolitan Stipendiary Magistrate Ex Parte Chaudhry: QBD 9 Jul 1993

The Crown Prosecution Service was in the process of pursuing a prosecution when the private prosecutor sought to bring a prosecution for a serious offence arising out of the same facts. There would be potentially concurrent prosecutions.
Held: Magistrates were not wrong to disallow a private prosecution in addition to crown prosecution. A private prosecutor does not have the unfettered right to a trial. Kennedy LJ said that on the question of the relevant considerations, when deciding whether to issue a summons in such a case: ‘The magistrate should have regard to all of the relevant circumstances of which he is aware . . . such as whether the incident giving rise to the information which he is considering has already been investigated by a responsible prosecuting authority which is pursuing what it considers to be the appropriate charges against the same proposed defendant.’

Judges:

Kennedy LJ, Bell J

Citations:

Independent 09-Jul-1993, Times 14-Sep-1993, [1994] QB 340

Statutes:

Prosecution of Offenders Act 1985 6(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Charlson, Regina (on the Application of) v Guildford Magistrates’ Court and others Admn 11-Sep-2006
The CPS had discontinued a prosecution. The magistrates were then asked to issue a summons for a private prosecution. The private prosecutor appealed against the refusal to issue the summons. A second summons was requested from a different . .
Lists of cited by and citing cases may be incomplete.

Judicial Review, Crime, Magistrates

Updated: 21 July 2022; Ref: scu.87326

Regina v Newport Justices Ex Parte Carey; Regina v Gwent Magistrates Court, ex parte Carey: QBD 16 Jul 1996

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 had shown respect for the convenience of witnesses, and a desire to show that the defendant had tested the limits of the court’s patience.

Judges:

Henry LJ

Citations:

Times 16-Jul-1996, (1996) 160 JP 613

Statutes:

Magistrates Courts Act 1980 142

Jurisdiction:

England and Wales

Criminal Practice, Magistrates

Updated: 21 July 2022; Ref: scu.87435

M and W, Regina (on the Application of) v West London Youth Court: Admn 30 Apr 2004

The court considered how the sentencing of a youth should be approached: ‘Whether there is a real prospect that a custodial sentence of, or in excess of, 2 years might be required, or is there any unusual feature of this case which might justify a sentence of less than two years, pursuant to section 91(3), for which purpose the absence of a power to impose a detention and training order because the offender is under the age of 15 is not an unusual feature?’

Judges:

Leveson J

Citations:

[2004] EWHC 1144 (Admin)

Links:

Bailii

Statutes:

Magistrates’ Court Act 1980 24

Jurisdiction:

England and Wales

Cited by:

Cited – Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court QBD 23-Jul-2004
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 . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Criminal Sentencing

Updated: 19 July 2022; Ref: scu.197827

Regina (Austen and others) v Chief Constable of Wiltshire: Admn 2011

Citations:

[2011] EWHC 3385 (Admin)

Jurisdiction:

England and Wales

Cited by:

Cited – AB and Another, Regina (on The Application of) v Huddersfield Magistrates’ Court and Another Admn 10-Apr-2014
The claimants challenged the lawfuness of search warrants issued by the respondent court. They were solicitors, and were related to a person suspected of murder who was thought to have fled the country. The officers were looking for evidence that . .
Lists of cited by and citing cases may be incomplete.

Police, Magistrates

Updated: 19 July 2022; Ref: scu.523728

Chiltern District Council, Regina (on the Application of) v Wren Davis Ltd: Admn 24 Jul 2008

The company appealed a notice requiring them to abate noise. They failed, but the effect was to extend the time for compliance by six months. The authority sought their costs since they had upheld the notice.

Judges:

Sir George Newman

Citations:

[2008] EWHC 2164 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 80

Jurisdiction:

England and Wales

Magistrates, Local Government

Updated: 19 July 2022; Ref: scu.276531

Sumner, Regina (on the Application of) v Wirral Borough Magistrates’ Court and CPS: Admn 14 Dec 2005

The defendant sought to challenge his committal for sentence saying that at the earlier hearing he had been given to understand that his sentence would not be so severe. His case had been adjourned for pre-sentence reports. All options had been left open, but he was not committed for sentence.
Held: The magistrates had been clearly wrong to retain jurisdiction: ‘If the sentence which they envisaged, namely a maximum of twelve months, was unavailable to the magistrates as a matter of law, then any expectation created by them would not be a legitimate expectation as one which could not be and should not be enforced in judicial review proceedings.’

Judges:

Stanley Burnton J

Citations:

[2005] EWHC 3166 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates, Criminal Sentencing

Updated: 18 July 2022; Ref: scu.238420

The Director of Public Prosecutions v Giles: Admn 25 Jul 2019

Appeal by the Crown by way of case stated from the decision of justices to sentence the Respondent in respect of an assault occasioning actual bodily harm, to which he had pleaded guilty, without having held a Newton hearing and reaching a factual determination as to whether (and, if so, the extent to which) (i) the Respondent had demonstrated towards the victim of the offence hostility based on his actual or presumed sexual orientation and/or (ii) the offence was motivated by hostility towards persons who are of a particular sexual orientation. It had been the prosecution case that the Respondent had demonstrated, or been motivated by, such hostility.

Judges:

Lord Justice Hickinbottom

Citations:

[2019] EWHC 2015 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Criminal Sentencing, Magistrates

Updated: 17 July 2022; Ref: scu.640119

Necip, Regina (On the Application of) v Revenue and Customs Prosecutions Office: Admn 24 Mar 2009

The claimant, resident in Cyprus, challenged by way of judicial review to a decision by magistrates to issue a warrant for his arrest after failure to attend a means inquiry hearing.
Held: The warrant was quashed: ‘the hearing . . was listed for the purpose of considering methods of enforcement other than a warrant of commitment, a remedy which was plainly not available in the circumstances. It was therefore not a hearing in which section 82 was in play. It follows that the power under section 83 to issue a warrant of arrest could not lawfully be exercised so as to secure the claimant’s attendance at the hearing.’

Judges:

Richards LJ

Citations:

[2009] EWHC 755 (Admin), [2010] 1 WLR 1827, (2009) 173 JP 265

Links:

Bailii

Jurisdiction:

England and Wales

Magistrates

Updated: 17 July 2022; Ref: scu.341181

Skipaway Ltd v The Environment Agency: Admn 5 May 2006

The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outside the edges of the storage bays. The defendant said that the material had not yet been stored, and that it had been deposited by neighbouring farmers and was to be stored properly during the working day.
Held: The appeal failed. ‘There is a surprisingly common misconception that once an appeal by way of case stated is before the court, the parties may refer to evidence, or at least undisputed evidence, that was before the lower court in addition to that set out in the case.
On an appeal by way of case stated, the Court is confined to the facts set out in the case. It is therefore important that the parties ensure that the case includes all those matters that should be before the Court when deciding the issues raised on the appeal. If a party to an appeal considers that the case produced by the lower court omits relevant matters, he should seek to have the case supplemented either by agreement with the other party and the lower court or by application to this Court under section 28(A)(2) of the Supreme Court Act 1981 for an order for the amendment of the case stated. ‘ The waste was not uncontrolled waste only because its source might be local farms: ‘waste from a farm house is household waste rather than agricultural waste. It makes no sense, for example, for a discarded television from a farm house to be agricultural waste when the same waste from a dwelling house nearby is household waste. Nor does it make sense for a house across the road from a farm to be the source of household waste, yet for the same kind of waste from a house at the edge of a farm to be agricultural waste.’

Judges:

Newman J, Stanley Burnton J

Citations:

[2006] EWHC 983 (Admin)

Links:

Bailii

Statutes:

Environmental Protection Act 1990 3396), Control of Pollution Act 1974 30, Supreme Court Act 1981 28A(1)

Jurisdiction:

England and Wales

Citing:

Cited – Environment Agency v M E Foley Contractors ltd and Another QBD 18-Jan-2002
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 . .
Cited – Regina v Rothschild and RH Tomlinson Ltd CACD 2004
It would be a contravention of a waste management licence requiring controlled waste not to be stored at a height greater that specified, to have a mound greater that that height containing an admixture of controlled and uncontrolled waste. . .
Cited – Environment Agency v Armstrong Environmental Services Ltd Admn 22-Mar-2005
. .
Cited – Kay v Burrows HL 1931
The House considered whether premises (the greater part of which was used for the storage of rags awaiting processing, sorting or subsequent despatch) fell within the proviso to s.3(1) which excluded premises ‘primarily occupied and used [for the] . .
Cited – Kay v Burrows HL 1931
The House considered whether premises (the greater part of which was used for the storage of rags awaiting processing, sorting or subsequent despatch) fell within the proviso to s.3(1) which excluded premises ‘primarily occupied and used [for the] . .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .

Cited by:

Cited – M v Director Of Public Prosecutions Admn 26-Feb-2009
. .
Lists of cited by and citing cases may be incomplete.

Crime, Magistrates, Criminal Practice

Updated: 15 July 2022; Ref: scu.241502

Tameside Metropolitan Borough Council v Grant: FD 17 Sep 2001

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 matter was remitted to be heard before a different bench. Though the case should have been heard by magistrates who were members of the family panel, that was not sufficient itself to vitiate the decision.

Judges:

Wall J

Citations:

Gazette 25-Oct-2001

Statutes:

Magistrates Courts Act 1980, Children Act 1989 77(6), Human Rights Act 1998

Jurisdiction:

England and Wales

Licensing, Children, Magistrates

Updated: 15 July 2022; Ref: scu.166696

Crowch, Regina (on the Application of) v Director of Public Prosecutions: Admn 15 Apr 2008

The applicant had successfully defended himself in person on a motoring charge, and appealed refusal of an order for costs in his favour. Loss of earnings.

Citations:

[2008] EWHC 948 (Admin)

Links:

Bailii

Statutes:

Prosecution of Offences Act 1985 19(1), Costs in Criminal Cases General Regulations 1986 3

Jurisdiction:

England and Wales

Magistrates, Costs

Updated: 14 July 2022; Ref: scu.267410

C v Crown Prosecution Service: Admn 8 Feb 2008

The court considered the practice of hearing submissions from the media in relation to reporting restrictions.
Held: Thomas LJ rejected the submission that, in conducting the Re S balancing exercise the Court should have regard to the public profile of the appellant: ‘That is because it is fundamental that all persons are equal before the law of England and Wales, as embodied in our common law, our legislation and the Conventions to which this party (sic) has subscribed . . No person in this country can enjoy a different status because he holds a public position. It is important to stress that.’

Judges:

Brooke LJ, Thomas LJ

Citations:

[2008] EWHC 854 (Admin)

Links:

Bailii

Statutes:

http://www.bailii.org/ew/cases/EWHC/Admin/2008/854.html 39(5)

Jurisdiction:

England and Wales

Citing:

See Also – Crawford v Crown Prosecution Service Admn 4-Feb-2008
. .

Cited by:

Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
Cited – Child X (Residence and Contact- Rights of Media Attendance) (Rev 2) FD 14-Jul-2009
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter.
Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Children, Media

Updated: 14 July 2022; Ref: scu.267080

Percy, Regina (on the Application of) v Corby Magistrates’ Court: Admn 7 Feb 2008

The claimant sought judicial review of a decision of the magistrates not to issue summonses against two police officers. She had been demonstrating near a US base, but had refused to intervene and allowed a US officer to unlawfully arrest and detain and assault her.
Held: Applying Klahn and Latham, there was clear evidence to justify the issue of a summons: ‘the conduct of the Northampton Magistrates’ Court is open to serious criticism. ‘

Judges:

Moses LJ, Ouseley J

Citations:

[2008] EWHC 607 (Admin)

Links:

Bailii

Statutes:

Criminal Justice and Public Order Act 1994

Citing:

Cited – Regina v West London Metropolitan Stipendiary Magistrate, ex parte Klahn QBD 1979
The issue of a summons by a magistrate is a judicial act: ‘The duty of a magistrate in considering an application for the issue of a summons is to exercise a judicial discretion in deciding whether or not to issue a summons. It would appear that he . .
Cited – Latham v Northampton Magistrates’ Court Admn 6-Feb-2008
. .
Lists of cited by and citing cases may be incomplete.

Crime, Police, Magistrates

Updated: 14 July 2022; Ref: scu.266875

Regina v Denbigh Justices: QBD 1974

The Court was sitting in Llanrwst, in Court 2, a small court. There, in a list of minor offences, two members of the Welsh Language Society were being prosecuted for using their televisions without licences. They attended for their trial with 20 or 30 friends or supporters. When the parties, their lawyers and the press had been admitted to the court, only five seats were available for the general public. The Chairman of the Bench responsible for the conduct of the case in public, invited the defendants to nominate five of their friends. When the first defendant’s application to have the case heard in Welsh was refused, the defendant and two of his friends left the court, after creating a disturbance. When the second defendant’s similar application was also refused, he and the remaining supporters left.
Held: The court was undoubtedly sitting in public at the beginning of the trial, and (obiter) even if the court had refused to permit the five vacated seats to be filled thereafter, there would have been every possible justification for the Chairman to refuse to have the seats filled given the behaviour of the first batch of friends and supporters.
‘I do not think that the question of open court or no can depend on such minutiae as to whether at a particular moment there was a particular member of the public anxious to come in who was wrongly refused.’

Citations:

[1974] 3 WLR 45

Jurisdiction:

England and Wales

Cited by:

Cited – Storer v British Gas plc CA 25-Feb-2000
An industrial tribunal hearing conducted behind the locked doors of the chairman’s office was not held in public, even if, in fact, no member of the public was prevented from attending. The obligation to sit in public was fundamental, and the . .
Lists of cited by and citing cases may be incomplete.

Magistrates

Updated: 14 July 2022; Ref: scu.639792

Bahbahani, Regina (on The Application of) v Ealing Magistrates’ Court: Admn 6 Jun 2019

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:

Magistrates’ Courts Act 1980 49(2)

Jurisdiction:

England and Wales

Magistrates

Updated: 14 July 2022; Ref: scu.638161

North Wales Police v Anglesey Justices and Another: Admn 5 Feb 2008

Maurice Kay LJ said: ‘Mr Wells submits, and I accept, that the form and content of the summons are not strictly relevant to the question whether the proceedings were initiated by complaint rather than by the laying of an information. The essential question for the Magistrates’ Court was whether what was lodged at court was in substance a complaint.’

Judges:

Maurice Kay LJ

Citations:

[2008] EWHC 309 (Admin)

Links:

Bailii

Statutes:

Dogs Act 1871 2

Cited by:

Cited – Brown, Regina v (Northern Ireland) SC 26-Jun-2013
The complainaint, a 13 year old girl had first said that the defendant had had intercourse with her againt her consent. After his arrest, she accepted that this was untrue. On being recharged with unlawful intercourse, he admitted guilt believing he . .
Lists of cited by and citing cases may be incomplete.

Animals, Magistrates

Updated: 13 July 2022; Ref: scu.266037

Malcolm v Director of Public Prosecutions: QBD 27 Feb 2007

Appeal by way of case stated from a decision convicting the Appellant of the offence of driving a motor vehicle on a road when the proportion of alcohol in her breath exceeded the prescribed limit, contrary to section 5(1)(a) of the Road Traffic Act 1988 – whether the magistrates, who had retired to consider their verdict, and had announced their decision adverse to the prosecution on a point raised by Miss Calder in her final speech, were entitled to permit the prosecution to call further evidence to meet that point, as they did.

Citations:

[2007] EWHC 363 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Crime, Magistrates

Updated: 13 July 2022; Ref: scu.249242

Sak v Crown Prosecution Service: Admn 13 Nov 2007

Whether the court had been correct to allow hearsay evidence from a doctor who had attended the defendant in the police cells but who had not attended court.

Citations:

[2007] EWHC 2886 (Admin)

Links:

Bailii

Cited by:

Cited – Regina v EED CACD 28-May-2010
A witness had been warned to attend court, but had not served with an order and did not attend. The defendant appealed against his conviction saying that her evidence should not have been read to the jury. He had faced allegations of sexual abuse of . .
Lists of cited by and citing cases may be incomplete.

Magistrates, Criminal Evidence

Updated: 12 July 2022; Ref: scu.261933