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 that he had entered a plea only on the basis of incorrect legal advice. He now wished to argue that the 2004 Regulations were invalid becaue the necessary period of consultation had not been undertaken. The defendant had not given the required written notice inder the Rules, and the application was after six months against a limit of three weeks.
Held: The case based upon lack of consultation was now accepted to be hopeless, and nor were the 2004 Regulations ultra vires.
Langstaff J
[2010] EWHC 3435 (Admin)
Bailii
Protection of Birds Act 1954 1, Protection of Birds Act 1967, Wildlife and Countryside Act 1981, Wildlife and Countryside Act 1981 (England and Wales Amendments) Regulations 2004, Magistrates Courts Act 1980 142, Criminal Procedure Rules 37.9
England and Wales
Citing:
Cited – Eshugbayi Eleko v Office Administering the Government of Nigeria HL 24-Mar-1931
The claimant sought a writ of habeas corpus.
Held: Lord Atkin said that in a habeas corpus case, ‘no member of the executive can interfere with the liberty or property of a British subject except on condition that he can support the legality . .
Cited – Ansar v Lloyds TSB Bank Plc and others CA 9-Oct-2006
The claimant challenged a decision of the chairman of the Employment tribunal not to recuse himself on a later hearing after the claimant had previously made allegations of bias and improper conduct against him. . .
Lists of cited by and citing cases may be incomplete.
Animals, Magistrates
Updated: 11 November 2021; Ref: scu.427934