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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: 1997 To: 1997

This page lists 43 cases, and was prepared on 02 April 2018.

 
Regina v Huddersfield Justices ex parte D [1997] COD 27
1997
QBD

Magistrates
Magistrates should in general seek to avoid adjourning cases part-heard, for applications to be made to the court: "Rather they should as a general rule proceed to their own final determination and leave a dissatisfied party to appeal to the Crown Court. That procedure was quite cheap and available locally. Proceedings before the Divisional Court were more expensive and necessarily took longer."
1 Citers


 
Regina v Tunbridge Wells Justices ex parte Nigel Webb [1997] EWHC Admin 12
14 Jan 1997
Admn

Magistrates

[ Bailii ]
 
Regina v Network Sites Limited ex parte London Borough of Havering [1997] EWHC Admin 14
15 Jan 1997
Admn

Magistrates

Magistrates' Courts Act 1980 127
[ Bailii ]
 
Regina v Bow Street Stipendiary Magistrate Evans ex parte Antony Collman [1997] EWHC Admin 63
24 Jan 1997
Admn

Magistrates

[ Bailii ]
 
Regina v Hereford Magistrates' Court (ex parte Rowlands, Ingram); Regina v Harrow Youth Court (ex parte Prussia) [1997] EWHC Admin 119; [1998] QB 110; [1997] 2 Cr App R 340; [1997] 2 WLR 854
10 Feb 1997
Admn
Lord Justice Bingham,
Magistrates, Judicial Review
The power to adjourn a trial is conferred upon Justices by statute. The divisional court will intervene where defendants have been deprived of a fair opportunity to present their case. The decision whether to grant an adjournment is not a mechanical exercise of comparing previous delays in those cases with the delays in the instant applications, and hard and fast rules should not be sought. Justices should fully examine the applications for delay, their reasons and consequences for the parties. They must decide what is fair in all those circumstances. The divisional Court will only interfere with the exercise of the Justices’ discretion where a refusal will cause substantial unfairness to one of the parties, arising when a defendant cannot present his case. Defendants should not be permitted to frustrate a speedy trial without substantial grounds. Summary justice is speedy justice. This is not merely administrative convenience. Last minute adjournments deprive other defendants of speedy trials when recollections are fresh, and delays cause frustration in Justices. The rulings of the divisional court should not inhibit Justices from refusing repeated applications for adjournments where appropriate.
Magistrates Court Act 1980 10(1)
1 Cites

1 Citers

[ Bailii ]
 
Lagochase Ltd v Westminster City Council [1997] EWHC Admin 145
14 Feb 1997
Admn

Nuisance, Magistrates, Costs

Environmental Protection Act 1990 80
[ Bailii ]
 
South Tyneside Metropolitan Borough Council v Jackson [1997] EWHC Admin 149
14 Feb 1997
Admn

Magistrates, Licensing

[ Bailii ]
 
Regina v Derby and South Derbyshire Magistrate's Court, ex parte Leandro Pitzettu HC Admin 260
13 Mar 1997
Admn

Criminal Practice, Magistrates
The defendant faced a charge of driving with excess alcohol. His solicitors indicated he would plead guilty, and sought disclosure of police material which they anticipated would support his application for special reasons for not disqualifying him, namely that he had driven only a very short distance. They now appealed a refusal to order CPS to disclose such material. It was held that, in a summary case there was indeed no such power.
[ Bailii ]
 
Regina v Oldham Magistrates' Court ex parte Darren Lee Craig By His Next Friend Joan Craig [1997] EWHC Admin 273
14 Mar 1997
Admn

Magistrates

[ Bailii ]
 
Cresswell and Cresswell v Pearson Times, 08 April 1997; [1997] EWHC Admin 299; [1997] JPL 860
20 Mar 1997
Admn

Planning, Magistrates
The grant of a temporary planning permission for a use that has previously been the subject of an enforcement notice has the effect of discharging the enforcement notice for all time, in so far as it relates to that use, rather than merely for the period for which the temporary planning permission is in force.
Magistrates Court Act 1980 111 - Town and Country Planning Act 1990 180(1)
1 Citers


 
Yearly v Crown Prosecution Service [1997] EWHC Admin 308
21 Mar 1997
Admn

Crime, Magistrates
Having closed their case, the prosecution applied for and were granted opportunity to adduce evidence in the form of certificates under section 69. Held: The court had a discretion to allow further evidence. The magistrates had correctly considered the applicable law, and applied the discretion given to them properly.
Computer Misuse Act 1990 1(1) - Police and Criminal Evidence Act 1984 69
1 Cites



 
 Lewin v Truebell Plc; Admn 24-Mar-1997 - [1997] EWHC Admin 312
 
Regina v Mildenhall Magistrates' Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates' Court ex parte Forest Heath District Council Times, 16 May 1997; [1997] EWCA Civ 1575; (1997) 161 JP 401; [1997] COD 352; (1997) 161 JPN 602; [1998] Env LR 9
16 Apr 1997
CA
Lord Bingham LCJ
Magistrates
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track. Held: The appeal succeeded. Magistrates refusing to state a case should give brief reasons as to why they considered the application to be frivolous.
The court gave some direction as to the meaning of 'frivolous' for this purpose. The only basis upon which a court can properly refuse to state a case is where it is "misconceived" or "hopeless".

Lord Bingham LCJ said: "I think it very unfortunate that the expression 'frivolous' ever entered the lexicon of procedural jargon. To the man or woman in the street 'frivolous' is suggestive of light-heartedness or a propensity to humour and these are not qualities associated with most appellants or prospective appellants. What the expression means in this context is, in my view, that the court considers the application to be futile, misconceived, hopeless or academic. That is not a conclusion to which justices to whom an application to state a case is made will often or lightly come. It is not a conclusion to which they can properly come simply because they consider their decision to be right or immune from challenge. Still less is it a conclusion to which they can properly come out of a desire to obstruct a challenge to their decision or out of misplaced amour propre. But there are cases in which justices can properly form an opinion that an application as frivolous. Where they do, it will be very helpful to indicate, however briefly, why they form that opinion. A blunt and unexplained refusal, as in this case, may well leave an applicant entirely uncertain as to why the justices regard an application futile, misconceived, hopeless or academic. Such uncertainty is liable to lead to unnecessary litigation and expenditure on costs. "
Magistrates' Courts Act 1980 111(5) - Environmental Protection Act 1990 79(1)
1 Cites

1 Citers

[ Bailii ]
 
Regina v Gravesend Magistrates Court ex parte Baker [1997] EWHC Admin 373
16 Apr 1997
Admn
Lord Justice Mccowan -And- Mr Justice Popplewell
Road Traffic, Magistrates, Legal Aid
The defendant appealed a refusal of legal aid. She wished to establish that her drink had been spiked, and thus to establish special reasons for not being disqualified for driving with excess alcohol. Held: Expert evidence would assist the magistrates in deciding the matter. That would not be available without expert evidence, and therefore legal aid was necessary.
1 Cites

[ Bailii ]
 
Regina v Birmingham Justices ex parte Patrick [1997] EWHC Admin 378
17 Apr 1997
Admn
McCullough
Rating, Magistrates
The defendant appealed against orders for her committal to prison for non-payment of Council Tax.
Community Charge (Administration and Enforcement) Regulations 1989 41 - Council Tax (Administration and Enforcement) Regulations 1992 47
[ Bailii ]
 
Regina v Wellingborough Magistrates' Court ex parte Alan Thomas Monk [1997] EWHC Admin 394
18 Apr 1997
Admn

Children, Magistrates

[ Bailii ]

 
 Barnes v Chief Constable of Durham; Admn 24-Apr-1997 - [1997] EWHC Admin 408; [1997] 2 Cr App R 505; (1998) 162 JP 126

 
 Regina v Metropolitan Stipendiary Magistrate, Ex Parte Mahmed Ali; Admn 28-Apr-1997 - HC Admin 417
 
Regina v Lincoln Crown Court Ex Parte Jude (David Andrew) Times, 30 April 1997
30 Apr 1997
QBD

Crime, Magistrates
The explicit consent of a defendant is not required in order to be bound over to keep the peace.
Justices of the Peace Act 1361 - Justices of the Peace Act 1968

 
Regina v Aylesbury Justices ex parte Kitching and GBS Estates Limited [1997] EWHC Admin 452
9 May 1997
Admn

Crime, Licensing, Magistrates
The defendant had been convicted of felling trees without a licence. He claimed to have received assurances from the Forestry Commission that he would not be prosecuted. He said the prosecution was an abuse of process. The magistrates held that their jurisdiction on abuse was limited to the fairness of the procedures within the court.
Forestry Act 1967
1 Cites



 
 Attorney General v Danhai Williams and others; PC 12-May-1997 - [1997] UKPC 22
 
Regina v York Magistrate Court ex parte Grimes Times, 27 June 1997; [1997] EWHC Admin 461; (1997) 161 JPN 794; [1998] BPIR 642; 161 JP 550
12 May 1997
Admn

Criminal Practice, Magistrates
The defendant sought judicial review of the decision of the magistrates to commit her to prison for non-payment of fines. The had found wilful neglect to pay. Held: The magistrates had erred in thinking that the variability of the defendant's wage disallowed an attachment order. The committal was quashed and the case remitted for rehearing.
Attachment of Earnings Act 1971 1(3)
1 Cites

[ Bailii ]
 
Regina v Metropolitan Stipendiary Magistrates ex parte Levy [1997] EWHC Admin 559
16 Jun 1997
Admn
Simon Brown LJ, Garland J
Criminal Practice, Magistrates, Judicial Review
The court was asked whether a defendant can be convicted of driving while disqualified notwithstanding that, subsequent to the act of driving in question, he has successfully appealed against the conviction for which he had earlier been disqualified? The magistrates refused to state a case, saying that the request was frivolous. Held:
As to the refusal to state a case, if there is a real point to be argued, then a case should have been stated. Simon Brown LJ said: "On 13th November 1996 the Magistrate refused to state a case, explaining fully and helpfully the reasons why he regarded the applicant's argument as unsustainable and why in the result he concluded that the application was frivolous within the meaning of section 111(5) of the Magistrates' Court Act 1980.
Invited by the applicant's solicitors on 4th December 1996 to reconsider his decision, the Magistrate on 11th December refused, pointing out that, in any event, 'the case has in effect been stated in the body of that letter' (i.e. his earlier letter of 13th November). The same day, 11th December 1996, the applicant brought judicial review proceedings seeking an order for mandamus to require the respondent Magistrate to state a case. Leave to move was granted . . on 26th January 1997, and it was in that form that the matter first came before us today. As, however, I have had occasion to remark in a number of other cases, such a course, although conventional and technically correct, is in fact, in circumstances such as arise here, absurdly inconvenient. If it succeeds, all it produces is an order for a case to be stated which in reality advances the resolution of the substantive issue not one jot. Far better surely, in a case like this where the facts are not in dispute and where in any event the Magistrate has, as he observed, already in effect stated the case, that the true issue should be placed directly before this court (as so easily it can be) by way of a straightforward judicial review challenge to the legality of the conviction . . With these considerations in mind, we gave leave at the outset of the hearing to amend the proceedings to include a separate judicial review challenge going directly to the conviction on 23rd October 1996 so as to raise squarely for present decision - rather than merely for the expression of a prima facie view upon - the critical issue arising. I should just note that we took this course with the agreement not merely of the applicant, but also of the Crown Prosecution Service who fortunately were represented before us."
Magistrates' Court Act 1980
1 Citers

[ Bailii ]
 
Regina v Barnet Justices ex parte Ribbans [1997] EWHC Admin 566
18 Jun 1997
Admn
Mr Justice Laws
Local Government, Taxes - Other, Magistrates, Costs
The applicant was an elderly illiterate lady. The magistrates had found that she had culpably neglected to pay her community charge. A suspended sentence of imprisonment was first imposed, and then effected in her absence. Held the Magistrates were under an obligation to enquire as to the adequacy of the service by recorded delivery. Costs were ordered against the magistrates despite their having only filed affidavit evidence.
1 Cites


 
Polychronakis Chief Legal and Property Officer for and on Behalf of Dudley Metropolitan Borough Council v Richards and Jerroms Limited [1997] EWHC Admin 617
2 Jul 1997
Admn

Magistrates

1 Cites

1 Citers

[ Bailii ]
 
Regina v Solihull Justices ex parte Michael Alan Gociek [1997] EWHC Admin 650
8 Jul 1997
Admn

Magistrates, Criminal Practice

[ Bailii ]
 
Regina v Camberwell Green Magistrates' Court ex parte Kirkby [1997] EWCA Civ 2102
15 Jul 1997
CA

Judicial Review, Magistrates

[ Bailii ]

 
 Regina v Stamford Magistrates ex parte Director of Public Prosecutions; Admn 31-Jul-1997 - [1997] EWHC Admin 760
 
Regina v Enfield Magistrates ex parte Peter Loi [1997] EWCA Civ 2365
24 Sep 1997
CA

Rating, Magistrates

[ Bailii ]
 
Regina v Lloynypia Magistrates' Court ex parte Debra Lewis [1997] EWHC Admin 825
2 Oct 1997
Admn
Lightman J
Magistrates
The defendant appealed commital to prison for non-payment of fines. The appeal was dismissed on her no attendance.
[ Bailii ]
 
Regina v Leeds Magistrates Court ex parte Serif Systems Limited and Hamilton [1997] EWHC Admin 851
9 Oct 1997
Admn

Magistrates, Company
The applicant sought that summonses be set aside as an abuse of process, being begun to embarrass him as he set out to become an MP. Thirty one private summonses had been issued. Held: Of the summonses to be continued it could not be said that they had no prospect of success or that they were merely technical. Whilst the Director of Public Prosecutions might properly interfere to drop the cases, it was not for the court to do do. Gage J: "As to in what circumstances the court will intervene the authorities go no further than to describe those circumstances in general terms, using such words and phrases as oppressive, vexatious, truly oppressive or a manipulation of the court's process. All the authorities show it will be only in rare and exceptional cases that this court will intervene. "
1 Cites


 
Regina v Tameside Magistrates ex parte Coleman, Regina v Tameside Magistrates ex parte Davenport [1997] EWHC Admin 856
9 Oct 1997
Admn

Magistrates
Actions for damages for false imprisonment against magistrates who had imposed sentences in default of payment of community charge.
[ Bailii ]

 
 Polychronakis v Richards and Jerrom Limited; Admn 16-Oct-1997 - Times, 19 November 1997; [1997] EWHC Admin 885

 
 Regina v Harlow Justices ex parte Gumble; Admn 21-Oct-1997 - [1997] EWHC Admin 905
 
Regina v Haringey Justices Employment ex parte Julian Branco [1997] EWHC Admin 922
24 Oct 1997
Admn

Criminal Practice, Magistrates
The defendant sought judicial review of his conviction saying that the chairwoman knew his mother and was antipathetic to her, and had shown bias in the trial. Held: There had been confusion, but no real risk of bias. The review was refused.
1 Cites

[ Bailii ]
 
A K Hussain (Force Solicitor of West Yorkshire Police) v Hardip Singh [1997] EWHC Admin 963
3 Nov 1997
Admn

Magistrates, Police, Costs

[ Bailii ]
 
Regina v Ealing Magistrates' Court ex parte Satnam Sahota Gazette, 26 November 1997; Times, 09 December 1997; [1997] EWHC Admin 993
10 Nov 1997
QBD

Criminal Practice, Magistrates
A delay in appeal against a decision taken in the absence of the accused is not the sole ground to be considered for the refusal of a rehearing.
Criminal Appeal Act 1995
[ Bailii ]
 
Regina v Sheffield City Justices ex parte Marcus Mayfield [1997] EWHC Admin 1024
17 Nov 1997
Admn

Magistrates

[ Bailii ]
 
Regina v Dudley Magistrates Court ex parte Hollis; Robert v Same Times, 12 December 1997; [1997] EWHC Admin 1043; [1999] 1 WLR 642
25 Nov 1997
Admn
Moses J
Costs, Magistrates
An award of costs is inevitable after a finding of statutory nuisance and such costs include cost of establishing the nuisance. "The wide discretion as to whether to grant an adjournment conferred by section 10 and section 54 of the Magistrates' Court Act 1980 cannot, usually, be impugned. But it is a power which must not be exercised in a manner which undermines the statute under which the proceedings are brought or in a way which deprives a litigant of rights conferred by that statute. An adjournment cannot be granted if the only purpose is to avoid the consequences which the law provides will follow, should the hearing continue."
Environmental Protection Act 1990 - Magistrates Courts Act 1980 54
1 Cites

1 Citers

[ Bailii ]
 
Maile v Manchester City Council Times, 26 November 1997
26 Nov 1997
CA

Magistrates
No further appeal from judge lies after a final decision on the case stated by justices.
Supreme Court Act 1981

 
G (A Minor) v Director of Public Prosecutions Times, 27 November 1997
27 Nov 1997
QBD

Magistrates
Justices can be assumed to be able to distinguish different kinds of evidence and to judge child's knowledge of what is seriously wrong.

 
Regina v Swindon Magistrates' Court; Swindon Crown Court; Chief Constable of Wiltshire Police ex parte Nangle, Regina v Staines Magistrates' Court; Metropolitan Police Commissioner ex parte Westfallen, Regina v Staines [1997] EWHC Admin 1076
2 Dec 1997
Admn

Magistrates, Extradition
The claimants challenged decisions of the magistrates in cases where they had refused to ask how the claimants had been brought within the jurisdiction. They said that they had been brought here under wrongful disguised extraditions.
[ Bailii ]
 
Crown Prosecution Service v Charles Henderson Speede : Queen v Liverpool Justices ex parte Hugh Collins : Queen v Liverpool Justices ex parte Paul Santos [1997] EWHC Admin 1149
17 Dec 1997
Admn

Magistrates
The case concerned procedural issues concerning the jurisdiction of a magistrates' court to make an order binding over a person to keep the peace or be of good behaviour.
[ Bailii ]
 
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