The defendant had been charged with a simple offence under the Public Order Act and also with the racially aggravated offence. The magistrates refused to hear them together.
Held: This was wrong. Keene LJ said: ‘For the prosecutor, Mr Moran contends that the justices are not required by section 9 of the Magistrates’ Courts Act 1980 to convict on the lesser offence if they convict on the racially aggravated charge. He relies on the decision of this court in the Director of Public Prosecutions v Gane [1991] Crim LR 711 where it was held that the justices, when dealing with alternative offences, could adjourn the lesser charge sine die or, alternatively, convict but impose a nominal sentence.
That seems to me to be right.’
Judges:
Keene LJ, Hallett J
Citations:
[2004] EWHC 2296 (Admin)
Links:
Statutes:
Magistrates’ Courts Act 1980 9
Jurisdiction:
England and Wales
Cited by:
Cited – Dyer, Regina (on The Application of) v Watford Magistrates Court Admn 16-Jan-2012
The appellant sought judicial review of the magistrates’ decision to convict him of the two offences of causing racially aggravated fear or provocation of violence, contrary to section 31(1)(a) of the 1998 Act, and of causing fear or provocation of . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 15 April 2022; Ref: scu.218856
