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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: 1995 To: 1995

This page lists 13 cases, and was prepared on 02 April 2018.

 
Whelehan v Director of Public Prosecution [1995] RTR 177
1995


Road Traffic, Magistrates
A police officer saw a motorist, the appellant, sitting in the driver's seat of a car with keys in the ignition in the early hours of the morning, and smelt alcohol on his breath. The conversation which then took place between the officer and the offender was not under caution. The magistrates found it not to have been in breach of the Code of Practice. Held: The finding was upheld by the Divisional Court.
1 Citers


 
Regina v Preston Justices and Another Ex Parte Mccosh Times, 30 January 1995
30 Jan 1995
QBD

Magistrates
There was no obligation to exhaust all avenues of payment before a committal for non-payment of Poll Tax.
Community Charge (Administration and Enforcement) Regulations 1989 438 43


 
 Benham v United Kingdom; ECHR 8-Feb-1995 - Times, 24 June 1996; Independent, 08 February 1995; 19380/92; [1996] ECHR 22; [1996] 22 EHRR 293
 
Regina v Bradford Magistrates Court, Ex Parte Lockley Times, 17 February 1995
17 Feb 1995
QBD

Magistrates
The Justices' announcement that they had found a 'case to answer,' invalidated any subsequent conviction.

 
Regina v South Worcester Magistrates Ex Parte Lilley Times, 22 February 1995; Gazette, 29 March 1995
22 Feb 1995
QBD

Criminal Practice, Magistrates
Justices having decided that material they had seen was inadmissible must disqualify themselves from the trial.

 
Davenport v Walsall Metropolitan Borough Council Unreported, 17 March 1995; 1995 28 HLR 504
17 Mar 1995
CA
Keene J
Nuisance, Magistrates
The court was concerned with the refusal of the magistrates to make a compensation order after a plea of guilty to a statutory nuisance. The magistrates had also refused to award costs of the adjourned hearing at which compensation had been sought. Held: The court declined to interfere with the refusal of the compensation, but the costs of that hearing were properly incurred. “Under section 82(12)...the Justices are bound to make a costs order in favour of any complainant, once it is found that a statutory nuisance existed at the date of the making of the complaint. The only limit on that is that the award is to compensate the complainant only for expenses properly incurred. That would seem to be intended to ensure that the amount to be paid by a defendant is not increased by any improper act or omission on the part of a complainant or his professional representatives . ”
1 Cites

1 Citers


 
Waldie v Director of Public Prosecutions Times, 18 April 1995
18 Apr 1995
QBD

Magistrates
Justices were not entitled to change case to be stated without reference to applicant for the case.


 
 Regina v Reading Justices ex parte Berkshire County Council; QBD 5-May-1995 - Times, 05 May 1995; [1996] Cr App R 239
 
Regina v Pydar Justices Ex Parte Foster Times, 23 May 1995; Ind Summary, 12 June 1995; [1995] 160 JP 87
23 May 1995
QBD
Curtis J
Road Traffic, Criminal Practice, Magistrates
There was a case to answer on an OPL charge despite the computer readout not being handed to Justices. It was in evidence. Evidence referred to but not challenged by the defendant can be relied upon by Justices in making their decision. The court commented on a suggestion that a defending advocate was entitled to "keep his powder dry": "Mr Burkett [who was the applicant] submitted that the solicitor concerned was entitled to sit quiet and not alert the justices to the error the defendant claims existed on the form, but make a submission about it to them later at a time of his choosing. I profoundly disagree with this thoroughly bad submission. Without any doubt whatsoever, it is the duty of a defending advocate properly to lay the ground for a submission, either by cross-examination or, if appropriate, by calling evidence."
1 Citers


 
Regina v Lincoln Justices Ex Parte Count Independent, 02 August 1995
2 Aug 1995
QBD

Magistrates
Adjournment power is implicit in all Justices jurisdiction; costs awarded against Justices.

 
Regina v Inner London Justices ex parte Alexander Cukic [1995] EWHC Admin 3; [1995] EWHC Admin 3
1 Sep 1995
Admn
The Lord Chief Justice Of England (Lord Bingham Of Cornhill ) And Mr Justice Cresswell
Magistrates, Road Traffic
The applicant sought judicial review of the refusal of the magistrates to state a case for him to appeal to the High Court. He had been convicted of failing to provide a specimen of breath for analysis. The magistrates considered the request frivolous within the 1980 Act. He held, as a finding of fact, that the defendant had not been misled by the form as he claimed to have been. Held: the request to state a case was frivolous, and was properly refused.
Road Traffic Act 1988 7(6) - Magistrates Courts Act 1980 111(5)
1 Cites

[ Bailii ]
 
In Re Crawley and Others Times, 07 December 1995
7 Dec 1995
QBD

Criminal Practice, Magistrates
Judicial review is the preferred procedure over habeas corpus for a wrongful committal by magistrates.

 
Regina v Nottingham Magistrates Court Ex Parte Furnell and Another Times, 18 December 1995
18 Dec 1995
QBD

Criminal Practice, Magistrates
Where advocates see the justices in chambers during a trial, the clerk is to make a note of what is said.

 
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