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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: 1993 To: 1993

This page lists 23 cases, and was prepared on 02 April 2018.

 
In Re Hooker [1993] COD 190
1993
Admn

Magistrates, Criminal Practice, Contempt of Court

Administration of Justice Act 1960 13
1 Citers



 
 Regina v Manchester Stipendiary Magistrate, ex parte Hill and others; HL 1993 - [1993] AC 328
 
S v Oxfordshire County Council [1993] 1 FLR 452
1993
FD
Connell J
Children, Magistrates
The failure by magistrates to give reasons for making an order is a serious deficiency and should occur only exceptionally: "It would be unjust to this child to allow a decision to stand which so affected his future without at least understanding the main bases upon which the decision was reached."
1 Citers


 
Berkshire County Council v C and others [1993] 1 FLR 569; [1993] 2 WLR 475
1993
QBD

Children, Local Government, Magistrates
Care proceedings were commenced in respect of two children. The court directed the local authority to carry out an assessment which would require in effect the full time attention of a social worker, the child having been taken into care. The authority replied that it would undertake the assessment but that there would be a delay until a certain date because of a lack of resources. The court then made a further order which repeated the order for an assessment and specified that it should be provided by a certain date, a date which was before the date promised by the authority. The authority appealed. Held: The court order stood. Provided only that the court had considered and taken proper account of the information on the authority's resources, and it was not manifestly wrong, there was no scope to vary the order.
Children Act 1989 38(6)

 
Regina v Barnet Magistrates' Court ex parte Wood [1993] CLR 78
1993


Magistrates
During the committal proceedings, the defendant had behaved in a disruptive fashion, and the clerk failed to remind him fully of his rights to call evidence. Held: The failure was a procedural irregularity which affected what happened thereafter, even though it caused no discernible prejudice. The case was remitted to the crown court to decide whether the failure was so fundamental as to have caused unfairness.
1 Citers



 
 Regina v Derby Magistrates Court, ex parte Brooks; 1993 - (1994) 80 Crim App R 164
 
Regina v King's Lynn Justices, Ex parte Holland [1993] 1 WLR 324
1993
QBD

Criminal Practice, Evidence, Magistrates
Section 78 is properly applied in committal proceedings. Examining justices could exclude the evidence from their consideration only if satisfied that its admission at the trial would be so obviously unfair to the proceedings that no judge properly directing himself could admit it. Even in such a case it would generally be far better to leave the decision to the trial judge who will be in a better position to assess the effect on the fairness of the proceedings and have had greater experience of deciding such questions.
Police and Criminal Evidence Act 1989 78
1 Citers



 
 Regina v Hendon Justices ex parte Director of Public Prosecutions; QBD 1993 - [1993] 1 All ER 411
 
Regina v Brent Justices Ex Parte Richards Gazette, 13 January 1993
13 Jan 1993
QBD

Magistrates
A rostering scheme for Justices was lawful, but the particular letter used in this case was invalid.


 
 Bowden v Northamptonshire Magistrates Court Committee and Another; CA 16-Feb-1993 - Times, 16 February 1993
 
Regina v Ipswich Justices Ex Parte Best Times, 23 February 1993
23 Feb 1993
QBD

Criminal Practice, Magistrates
The magistrates had no power under the new Act to deal with an offender for a breach of a probation order made under the old regime, unless he or the supervising officer so requested. The earlier provision were now repealed.
Criminal Justice Act 1991 Sch13

 
Padovani v Italy [1993] ECHR 12; 13396/87
26 Feb 1993
ECHR

Human Rights, Criminal Practice, Magistrates
Hudoc The Court considered the compatibility with Article 6(1) of a magistrate's dual function of investigation and judgment. Held: The summary investigative measures carried out by the magistrate in the particular case did not give rise to an objectively justified fear that he lacked impartiality when acting thereafter as judge in the case.
European Convention on Human Rights 6(1)
1 Citers

[ Worldlii ] - [ Bailii ]
 
Regina v Chichester Justices, Ex Parte Director of Public Prosecutions Times, 30 March 1993
30 Mar 1993
QBD

Criminal Practice, Magistrates
Before advising the Magistrates on a point of law, the Clerk should first offer to hear submissions in open court from the parties.

 
Regina v Marylebone Magistrate's Court ex parte Joseph Independent, 30 April 1993; Times, 07 May 1993
30 Apr 1993
QBD

Criminal Practice, Magistrates
Magistrate must properly attend proceedings whilst evidence is being given. The appearance of non attention by Magistrate can be enough to quash the verdict.

 
Regina v Dunmow Justices, Ex Parte Nash Times, 17 May 1993
17 May 1993
QBD

Magistrates
Nature of films in written evidence & Court had no power to order copies.
Magistrates Courts Act 1980 10-1

 
W v W Times, 04 June 1993
4 Jun 1993
FD

Litigation Practice, Magistrates
Advocates are to be told of precedents which are cited to the Justices by their clerk.

 
Regina v Dunmow Justices Ex Parte Nash Ind Summary, 21 June 1993
21 Jun 1993
QBD

Magistrates
Justices cannot insist on copies of video tapes before mode of trial decided.


 
 Re S (Minors); FD 5-Jul-1993 - Ind Summary, 05 July 1993
 
Regina v Metropolitan Stipendiary Magistrate Ex Parte Chaudhry Independent, 09 July 1993; Times, 14 September 1993; [1994] QB 340
9 Jul 1993
QBD
Kennedy LJ, Bell J
Judicial Review, Crime, Magistrates
The Crown Prosecution Service was in the process of pursuing a prosecution when the private prosecutor sought to bring a prosecution for a serious offence arising out of the same facts. There would be potentially concurrent prosecutions. Held: Magistrates were not wrong to disallow a private prosecution in addition to crown prosecution. A private prosecutor does not have the unfettered right to a trial. Kennedy LJ said that on the question of the relevant considerations, when deciding whether to issue a summons in such a case: "The magistrate should have regard to all of the relevant circumstances of which he is aware . . . such as whether the incident giving rise to the information which he is considering has already been investigated by a responsible prosecuting authority which is pursuing what it considers to be the appropriate charges against the same proposed defendant."
Prosecution of Offenders Act 1985 6(1)
1 Citers


 
Regina v Canterbury Crown Court Ex Parte Kent County Council Ind Summary, 12 July 1993; Times, 22 July 1993
12 Jul 1993
QBD

Magistrates, Criminal Practice
Costs orders made by a magistrates court are not open to appeal on their own after a settlement to oust the jurisdiction.
Consumer Protection Act 1974 16

 
Regina v Lincoln Magistrates Court ex parte Wickes Building Supplies Ltd Ind Summary, 16 August 1993; Times, 06 August 1993
6 Aug 1993
QBD

Magistrates, Consumer
Domestic legislation remains in force pending an answer from the European Court. It was not an abuse to prepare many charges against a Defendant pending that decision.
Shops Act 1950 47

 
Regina v Ampthill Magistrates Court Ex Parte Neely Ind Summary, 16 August 1993
16 Aug 1993
QBD

Magistrates
Justices do not have the power to dismiss a summons for the view they had taken themselves of the underlying motives of the prosecution.

 
Jackson v Chief Constable of West Midlands Police Unreported, 22 October 1993
22 Oct 1993
QBD
Laws J
Police, Magistrates
Mr Jackson was convicted of a drugs offence. On arrest, the police had seized money in his possession. No order as to the money was made at the trial. Mr Jackson applied under the Act. The magistrate accepted that Mr Jackson was the owner of the money, but, because he (the magistrate) considered that it was the proceeds of the sale of controlled drugs, he declined to direct that the money be returned. In the Case Stated he said that for the money to be returned to Mr Jackson would have been ‘repugnant and contrary to public policy’. Held: Laws J dismissed Mr Jackson’s appeal. He referred to White -v- West Midlands Police. Having recorded that counsel for Mr Jackson had accepted ‘that if an applicant issues process in the Common Law Court on facts such as those of the present case, the defendant would be entitled to raise a public policy defence and the court would be entitled to give effect to it’.
Police (Property) Act 1897 1
1 Cites

1 Citers


 
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