Lane v Gloucester Magistrates Court: Admn 28 Nov 2006

The claimant sought judicial review of his conviction by the magistrates for contempt of court: ‘The Administrative Court office wrote to Mr Lane on 22nd November, almost a week ago, pointing out that the right of appeal against orders made under section 12 of the 1981 Act consists of a right of appeal to the Crown Court under section 108 of the Magistrates’ Courts Act 1980, not to this court. That is indeed the position. Section 12(5) of the 1981 Act states that section 108 applies to an order under section 12 and in its turn section 108 creates a right of appeal to the Crown Court. No right of appeal to this court, whether by case stated or in any other form, is created. However, what is possible in these circumstances is to seek permission to begin judicial review proceedings. They are not excluded by any statutory provision. Judicial review may lie if something has gone wrong with the decision-making process, but, as we have explained to Mr Lane this afternoon, it does not provide a means of challenging a decision on its merits which appears to form at least part of what Mr Lane seeks.’


[2006] EWHC 3198 (Admin)




Contempt of Court Act 1981 12, Magistrates Courts Act 1980 108

Cited by:

CitedHaw and Another v City of Westminster Magistrates’ Court Admn 12-Dec-2007
The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay.
Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Magistrates

Updated: 08 July 2022; Ref: scu.247467