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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Magistrates - From: 1930 To: 1959

This page lists 15 cases, and was prepared on 02 April 2018.

 
Rex v Sandbach, ex parte Williams [1935] 2 KB 192
1935
KBD

Crime, Magistrates
The Court rejected the view that a person could not be bound over to be of good behaviour when there was no reason to apprehend a breach of the peace. As in the case of binding over to keep the peace, there had to be some reason to believe that there might be a repetition of the conduct complained of before an order to be of good behaviour could be made.
1 Citers



 
 Davies v Griffiths; 1936 - [1937] 2 All ER 671; [1936] Weekly Notes 126
 
Campbell v HM Advocate 1941 JC 86
1941

Lord Justice-General (Normand), Lord Moncrieff and Lord Carmont
Magistrates
A bribe accepted by a member of a licensing court, and the question was whether such a court was a "public body" within the meaning of section 7 as extended by section 4(2) of the 1916 Act. Held: The court were doubtful whether a licensing court fell within the definition of "public body" in the 1889 Act, but agreed that it fell within the extended definition in the 1916 Act which applied to "local and public authorities of all descriptions". The functions of the court were "mainly of an administrative character" and that it had "complete discretionary power" with regard to the number of licences to be granted and the persons to whom they should be granted.
Public Bodies Corrupt Practices Act 1889 7 - Prevention of Corruption Act 1916 4(2)
1 Citers


 
Bracegirdle v Oxley and Cobley [1947] KB 349
1947

Humphreys J, Lord Goddard CJ
Criminal Practice, Magistrates
The facts proved or admitted pointed inescapably to the conclusion that the drivers had driven dangerously. But the justices, in defiance of Divisional Court authority, concluded that the driving was not dangerous. Held: Humphreys J said: "I only desire to say that for a very great number of years, whenever justices have found facts from which only one conclusion can be drawn by reasonable persons honestly applying their minds to the question, and have refused to draw that only conclusion, this court has invariably upset the decision of the justices in the appropriate manner."
Lord Goddard CJ: "It is said that this court is bound by the findings of fact set out in the cases by the magistrates. It is true that this court does not sit as a general court of appeal against magistrates' decisions in the same way as quarter sessions. In this court we only sit to review the magistrates' decisions on points of law, being bound by the facts which they have found, provided always that there is evidence on which they could come to the conclusions of fact at which they have arrived. Mr Parker, who has intervened in this case as amicus curiae to enable the court to have the benefit of a full argument on each side, concedes that if magistrates come to a decision to which no reasonable bench of magistrates, applying their minds to proper considerations and giving themselves proper directions, could come, then this court can interfere, because the position is exactly the same as if the magistrates had come to a decision of fact without evidence to support it. Sometimes it has been said of the verdict of a jury given in those circumstances, that it is perverse, and I should have no hesitation in applying that term to the decisions of magistrates which are arrived at without evidence to support them."
1 Citers


 
Regina v Willesden Justices ex parte Utley [1948] 1 KB 397
1948

Lord Goddard CJ
Magistrates, Costs
The justices had fined a defendant three times the maximum penalty for a driving offence. Counsel appeared for the justices in the Divisional Court to admit that the penalty was in excess of jurisdiction and to assist the court, by reference to case law, as to the course it should adopt. Held: An order of certiorari to quash the conviction was granted, but as to costs against the justices: "It is the rarest thing for this court to give costs against justices. The only case is when justices have done something which calls for strong disapproval from this court. In the present case the justices made a bona fide mistake. If the present applicant had appeared, or had instructed an advocate to appear for him before the justices, the difficulty would not have arisen because the attention of the justices would have been called to the mistake at the time."
1 Citers



 
 Macrae v Macrae; CA 1949 - [1949] P 397

 
 Rex v Norfolk Justices and Another ex parte Director of Public Prosecutions; 1950 - [1950] KB 558
 
Regina v East Kerrier Justices ex parte Mundy [1952] 2 QB 26
1952

Devlyn J
Magistrates

1 Cites

1 Citers


 
Regina v Highgate Justices ex parte Petrou [1954] 1 All ER 406; [1954] 1 WLR 485
1954
QBD
Lord Goddard CJ
Magistrates, Costs
The Appellant was the owner of premises which she let to another party for use as a club. The other party was charged with 10 offences relating to the supply of liquor at the premises and the Appellant was joined to show cause why the club should not be struck off the register. After the hearing, the justices were informed that the costs of the prosecution amounted to 21 guineas. They convicted the manager, fined him £10 and ordered him to pay 20 guineas costs, and also ordered the appellant to pay £100 costs and they ordered the club to be struck off the register. Held. The appeal by way of motion for certiorari suceeded. Costs are to be awarded as compensation, not as punishment. The order against the Appellant was a penalty in the guise of costs.
Lord Goddard CJ said: "I regret that any bench of justices could have acted as these justices did. They were not imposing costs on the applicant; they were imposing a penalty on her when she had not been convicted of any offence, but had only come before the court to show cause why the premises should not be struck off the register. Under the guise of making an order for costs, the justices inflicted a penalty of £100, which could only have been intended as a penalty. Since, by their order against [the manager], they had satisfied the costs of the prosecution apart from one guinea certiorari will go..."
1 Citers



 
 Regina v Camborne Justices ex parte Pearce; QBD 1954 - [1954] 2 All ER 850; [1955] 1 QB 41

 
 Regina v Wilson; QBD 1957 - [1957] 41 CAR 226

 
 Regina v Llanidloes Licensing Justices ex parte Davies; 1957 - [1957] 1 WLR 809

 
 Regina v Craske, ex parte Commissioner of the Police for the Metropolis; QBD 1957 - [1957] 2 QB 591
 
Price v Humphries [1958] 3 WLR 304
1958

Devlin J
Magistrates
The court was asked whether or not the prosecution had proved that the relevant proceedings had been "instituted" by or with the consent of the minister or other authorised agent as required by section 53(1) of the National Insurance Act 1946. Held: Devlin J said: "Proceedings in summary jurisdiction of this sort are instituted by the laying of an information and the issue of a summons, and, when the summons is issued, that is the institution of the proceedings."
National Insurance Act 1946 53(1)
1 Citers


 
Regina v Ayu [1959] 43 CAR 31
1959
CCA

Magistrates
It is not open to the justices to attach specific conditions to a binding-over order.
1 Citers


 
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