swarb.co.uk - law index
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Magistrates - From: 1992 To: 1992
This page lists 8 cases, and was prepared on 02 April 2018.
Regina v Wolverhampton Magistrates Court ex parte Mould [1992] RA 309
1992
Kennedy LJ
Rating, Magistrates
Kennedy LJ said: "the power to commit to prison [for a failure to pay local taxes] is plainly to be used as a weapon to extract payment rather than to punish"
1 Citers
Regina v Sutton Justices ex parte Director of Public Prosecutions; Admn 1992 - [1992] 2 All ER 129
James v South Glamorgan County Council [1992] RTR 312
1992
Leggatt LJ
Road Traffic, Magistrates
On trial of a charge of supplying a motor vehicle in an un-roadworthy condition, a prosecution witness (the person to whom the vehicle was supplied) had difficulty in locating the Court House. Before he arrived, the prosecution had closed its case, and the defendant had given evidence in chief, but there had been no submission. The Justices allowed the prosecution to re-open its case. Held: The appeal failed. The Justices had a discretionary power to admit the evidence, but the issue was as to the circumstances in which that power should be exercised. The stressed the exceptional nature of the contingency, and the fact that the Justices seemed to have been satisfied that the evidence could be admitted without unfairness to the defendant.
1 Cites
1 Citers
Regina v Bow Street Metroplitan Stipendiary Magistrate, Ex parte Director of Public Prosecutions; QBD 1992 - [1992] 95 Cr App R 9; [1993] 2 WLR 621
Chief Constable of West Midlands Police v White Unreported, 13 March 1992
13 Mar 1992
CA
Tudor Evans J, Beldam LJ
Police, Magistrates
After conviction for licensing offences, the police seized a sum of money from the respondent which they alleged was the proceeds of unlicensed sales. The magistrates made no order on conviction, so the police brought the issue under the Act. The magistrate found that the money was the proceeds of illegal trading, but nevertheless held that Mr White was the owner of it. The police appealed. Held: The appeal was dismissed. Although the contracts for sale of unlicensed liquor were void and unenforceable, Mr White did become the owner of the money; it was impossible to identify any other persons as being the true owners of it; and the magistrate was not constrained on public policy grounds from making an order under the Act in favour of Mr White.
Police (Property) Act 1897 1
1 Citers
In Re O (A Minor) Gazette, 03 June 1992
3 Jun 1992
FD
Children, Magistrates
Justices have no power to stay a care order pending an appeal. An application for leave to apply should be made direct to the divisional court.
Children Act 1989 31
Regina v Bow Street Magistrate, Ex Parte Welcombe Gazette, 29 July 1992; Gazette, 24 June 1992
24 Jun 1992
QBD
Magistrates, Criminal Practice
Once a plea withdrawal had been accepted it was inescapable that mode of trial also fell to be reconsidered.
Regina v Wolverhampton Stipendiary Magistrate ex parte Mould; QBD 30-Dec-1992 - Independent, 30 December 1992