The Queen’s Bench Division has power to remit a case to the magistrates court for re-trial, when an error in law has been made by the Magistrates. That power included a discretion to order that it be tried by a different bench of magistrates. Where there had been an acquittal by the magistrates a different bench may be necessary. The court should be sensitive to the nature of the error in making its decision.
Citations:
Gazette 29-Jan-1992
Statutes:
Jurisdiction:
England and Wales
Criminal Practice
Updated: 05 May 2022; Ref: scu.81042
