Gillan v The Director of Public Prosecutions: Admn 15 Feb 2007

Before committing the defendant for sentence, the magistrates court had itself decided on disputed facts behind the plea. After being committed to the Crown Court, the defendant asked that court to conduct a further hearing to determine the facts. He now appealed a decision that that court did not have the jurisdiction to do so.
Held: The court had had the jurisiction to re-open the issue and to hold a fresh Newton hearing where this was required to do justice in the case.


Latham LJ, Forbes J


[2007] EWHC 380 (Admin), Times 26-Mar-2007




England and Wales


CitedSunworld Limited v Hammersmith and Fulham London Borough Council QBD 2000
The company faced a prosecution under the 1968 Act, in respect of a brochure. On conviction, the company asked the Crown Court to state a case for the Divisional Court. The Recorder refused as to two points, saying that they were decisions of fact . .
CitedLoade v Director of Public Prosecutions QBD 1990
The court stated that there is either no jurisdiction to hear an appeal by way of case stated in relation to an interlocutory decision, in criminal proceedings or that it is the court’s invariable practice not to entertain one. A court might simply . .
CitedMunroe v Director of Public Prosecutions QBD 1988
The court considered whether the Crown Court had any jurisdiction to re-open issues of fact decided by the magistrates. A Newton hearing had not been held. The defendant challenged the right of the Crown Court itself to conduct such a hearing.
CitedRegina v Warley Magistrates Court, ex parte Director of Public Prosecutions; Same v Staines Magistrates Court, ex parte Same; Etc QBD 13-May-1998
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. . .

Cited by:

CitedOdebode v Tower Bridge Magistrates Court Admn 25-Apr-2007
The defendant sought judicial review of the decision to commit him to the crown court for sentence. He complained that in making that decision, the Disrict Judge had come to a conclusion as to a fact in a way which was procedurally unfair.
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 10 July 2022; Ref: scu.249872