swarb.co.uk - law index
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Magistrates - From: 1996 To: 1996
This page lists 33 cases, and was prepared on 02 April 2018.
Regina v Lowestoft Magistrates, ex parte Adamson; 1996 - [1996] COD 276
Regina v Oldham Justices ex parte Crawley (orse Cawley) [1996] 2 WLR 681; [1997] QB 1
1996
Staughton LJ, Simon Brown LJ
Magistrates, Criminal Practice
The court set out the duties of magistrates when making a warrant for committal. Simon Brown LJ said that where there has been a criminal conviction the courts have firmly excluded collateral attack by habeas corpus, holding that the only proper remedy lies by way of appeal.
1 Citers
Regina v East Dereham Magistrates Ex Parte Clarke Ind Summary, 29 January 1996
29 Jan 1996
QBD
Magistrates
Decision on what is to happen on one of three Justices retiring is for open court.
Magistrates Courts Act 1980 121(1)
Regina v Flax Burton Magistrates Court Ex Parte Commissioners of Customs and Excise Gazette, 28 February 1996; Times, 06 February 1996
6 Feb 1996
QBD
Criminal Practice, Magistrates
Justices must consider the extent of their powers of sentencing when choosing to try a case summarily.
Magistrates Courts Act 1980 19(3)
Regina v Stoke-On-Trent Justices Ex Parte Booth Independent, 09 February 1996
9 Feb 1996
QBD
Magistrates
The Justices were ordered to pay the costs of continuing a hopeless case on a committal to judicial review.
Regina v Horseferry Road Metropolitan Stipendiary Magistrate Ex Parte K; QBD 22-Feb-1996 - Times, 22 February 1996; Gazette, 20 March 1996
Director of Public Prosecutions v Cottier Times, 22 February 1996; [1996] 1 WLR 826
22 Feb 1996
QBD
Saville LJ
Criminal Practice, Magistrates
Proceedings against a youth begin at court; notice need not be given to the youth panel before the charge itself is made at police station. When considering whether proceedings have been "begun" in any court for the section Saville LJ, said: "We were referred to a number of authorities which considered somewhat similar provisions, but all I glean from those is that the answer to the question when proceedings are instituted or begun depends on the context in which the words are used and the purpose of the provision."
Children and Young Persons Act 1969 34(2)
1 Citers
Regina v Horseferry Road Magistrates Court Ex Parte Doung; QBD 22-Mar-1996 - Times, 22 March 1996
Regina v Faversham and Sittingbourne Justices Ex Parte Stickings and Another Times, 09 May 1996
9 May 1996
QBD
Magistrates
A reversal of a decision after private advice was given by prosecutor was unfair.
Regina v Guilford Justices Ex Parte Rich Times, 17 May 1996
17 May 1996
QBD
Magistrates
Justices are to give fair notice to an unrepresented defendant of the possibility of a distress order.
Magistrates Courts Act 1980 76
Regina v Peterborough Justices, Ex Parte Dowler Times, 24 May 1996
24 May 1996
QBD
Magistrates
Procedural unfairness in a trial before Justices was remedied by a fair trial in the Crown Court.
Regina v Haringey Magistrates' Court ex parte Amvrosiou; Admn 13-Jun-1996 - [1996] EWHC Admin 14
Regina v Camberwell Green Magistrates' Court ex parte Dixon [1996] EWHC Admin 26
10 Jul 1996
Admn
Magistrates, Criminal Practice
Ex Parte Bold Gazette, 17 July 1996; Times, 15 July 1996
15 Jul 1996
CA
Legal Aid, Magistrates
Legal Aid was properly unavailable for community charge default proceedings. No criminal charge was involved.
Legal Aid Act 1988 Part V
Regina v Newport Justices Ex Parte Carey; Regina v Gwent Magistrates Court, ex parte Carey Times, 16 July 1996; (1996) 160 JP 613
16 Jul 1996
QBD
Henry LJ
Criminal Practice, Magistrates
The defendant had written to the court to request an adjournment. The case proceeded in his absence. Held: Justices have a broad discretion on the re-opening case after a conviction had been entered in the Defendant's absence. The defendant retained a right of appeal under s108. The absence was the defendant's entire responsibility. The court had shown respect for the convenience of witnesses, and a desire to show that the defendant had tested the limits of the court's patience.
Magistrates Courts Act 1980 142
Regina v Bristol Magistrates Court ex parte Hodge [1996] EWHC Admin 66
30 Aug 1996
Admn
Magistrates
[ Bailii ]
Regina v Newcastle Upon Tyne Magistrates' Court ex parte Still, B , Lawlan A , Davidson C , Pryor A , and Forrest, F [1996] EWHC Admin 75
18 Sep 1996
Admn
Laws J
Magistrates
A man was accused of a series of mortgage frauds. The defendants each gave evidence to the court. He made a complaint of perjury against each of them. The current defendants sought judicial review of a refusal to discharge the summonses. Held: "there is no authority directly upon the question whether the issue and maintenance of summonses charging perjury pending the trial of a criminal prosecution in which those receiving the summonses may be called to give evidence may constitute an abuse of the process of the court." "few things could be more calculated to distort the process of Mr. Hedworth's trial than what has occurred here. " and "These witnesses will go to the Crown Court with the threat of the summonses over their heads. There is a plain danger of pressure, at least subjectively felt, such that evidence at the trial may not be given freely. There is a risk that the jury may be misled by attaching false importance to the outstanding perjury proceedings. The evidence would be distorted. It would appear that the witnesses would have to be advised of their privilege against self-incrimination. What might the jury make of that? The magistrates themselves appreciated that it would be wholly inappropriate for such perjury proceedings as these to go forward while the prosecution of Mr. Hedworth was outstanding. That was plainly right. "
Magistrates' Courts Act 1980 1
1 Cites
[ Bailii ]
Regina v North Hertfordshire Magistrates Court ex parte Capponi; Admn 7-Oct-1996 - [1996] EWHC Admin 86
Regina v Southwark Crown Court ex parte Lynne Brooke [1996] EWHC Admin 114; [1997] COD 81
15 Oct 1996
Admn
Simon Brown LJ
Magistrates
Simon Brown LJ said that if there was an arguable case for acceding to an application for a case to be stated, then the application was not frivolous.
1 Citers
[ Bailii ]
Regina v Towcester Justices ex parte Gary Idris Blackwell; Admn 15-Oct-1996 - [1996] EWHC Admin 115
Regina v Bow Street Magistrates ex parte Kazuhiro Sakashita and Takumi Hashimoto [1996] EWHC Admin 110
15 Oct 1996
Admn
Magistrates, Criminal Practice
1 Cites
[ Bailii ]
Regina v Epping and Ongar Justices (Sitting At Saffron Walden) ex parte Christopher Charles Corcoran [1996] EWHC Admin 132
21 Oct 1996
Admn
Magistrates
The defendant was accused of driving whilst disqualified. His defence was that his girlfriend had been driving. Before she was called the magistrates' clerk said he would warn her of a risk of prosecution for perjury. Held: The warning was unfair. There was nothing to distinguish this witness from any other, and the warning had the effect of putting her under pressure. The conviction was quashed.
[ Bailii ]
Regina v Grimsby and Cleethorpes Justices (ex parte Kenneth John Walters) Times, 14 November 1996; [1996] EWHC Admin 136
22 Oct 1996
Admn
Criminal Sentencing, Magistrates, Prisons
A sentence takes immediate effect as it is pronounced, thus allowing a defendant to be treated as a serving prisoner immediately.
Magistrates Courts Act 1980 82(3)(a)
[ Bailii ]
Regina v Petty Sessional Divisions of Slough and Windsor, ex parte Lindsay; Admn 24-Oct-1996 - Times, 14 November 1996; [1996] EWHC Admin 145
Uttlesford District Council v Barnes [1996] EWHC Admin 155
25 Oct 1996
Admn
Mr Justice Jowitt
Magistrates
The case came before the court as a case stated. The court returned it saying that the papers prepared were far too long. The magistrates should state their findings of fact which are relevant to the issues which give rise to the questions for which they seek answers from the High Court. They should say what the contentions of the parties were and then they should state what questions they ask the High Court to answer. The court has power to direct a re-statement of the case.
[ Bailii ]
Uttlesford District Council v Barnes [1996] EWHC Admin 154
25 Oct 1996
Admn
Magistrates
[ Bailii ]
Regina v Horseferry Road Magistrates' Court ex parte Director of Public Prosecutions (Case of Okiya); Admn 30-Oct-1996 - [1996] EWHC Admin 172
Regina v Justices of Barnet Petty Sessions Area ex parte Richard John Cole [1996] EWCA Civ 830
30 Oct 1996
CA
Magistrates
[ Bailii ]
Regina v Enfield Magistrates' Court ex parte John Robert Caldwell [1996] EWHC Admin 227
14 Nov 1996
Admn
Magistrates
Claim that proceedings for summary offence not issued within six months.
Magistrates' Courts Act 1980 127
[ Bailii ]
Regina v Liverpool Stipendiary Magistrate ex parte Santos Times, 23 January 1997; [1996] EWHC Admin 235
15 Nov 1996
Admn
Magistrates, Criminal Practice
A solicitor's mistake as to the return date on a bail notice was capable of being a reasonable cause for a defendant's non-attendance at court to answer bail. The answer will be different in each case.
Bail Act 1976 6(1)
[ Bailii ]
Regina v Brough Magistrates Court ex parte Somerfield Stores Ltd [1996] EWHC Admin 256
22 Nov 1996
Admn
Magistrates
[ Bailii ]
Regina v Knightsbridge Crown Court, Commissioner of Police for Metropolitan Police, Wells Street Magistrates' Court ex parte Leslie Victor Crabbe [1996] EWHC Admin 380
18 Dec 1996
Admn
Lord Justice McCowan and Mr Justice Collins
Crime, Animals, Magistrates
The appeal challenged a finding that a dog was a pit bull terrier, unregistered, and to be destroyed. A decision had been made not to prosecute the owner. He now challenged the finding that it was of a type to which the Act applied. The appellant had had opportunity to obtain access for an expert, but would not pay the fees. The dog was found to be a pit bull. The appellant appealed, and the dog was examined before it was admitted that no appeal to the Crown Court lay against an order under s5(4). Held: The fees charged were too high and the Commissioner had failed to take proper account of the appellant's means. The meaning of subsection 5(4) and 5(5) are not clear. The absence of aright of appeal made it even more important that the dog and owner be given a fair trial.
Dangerous Dogs Act 1991 5(4) 5(5)
[ Bailii ]
Regina v Newark Justices ex parte Keenaghan and R v Stockport Justices ex parte Conlon [1996] EWHC Admin 382
18 Dec 1996
Admn
Magistrates
1 Citers
[ Bailii ]
