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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: 1998 To: 1998

This page lists 46 cases, and was prepared on 02 April 2018.

 
Regina v Lower Rhymney Justices ex parte Jonathan Bramley [1998] EWHC Admin 31
19 Jan 1998
Admn

Magistrates

[ Bailii ]
 
Regina v Birmingham Magistrates' Court ex parte O'Sullivan [1998] EWHC Admin 46
21 Jan 1998
Admn

Costs, Magistrates

Prosecution of Offences Act 1985 18(1)
[ Bailii ]
 
Regina v Salisbury Magistrates' Court ex parte Adrianus Goodall [1998] EWHC Admin 47
21 Jan 1998
Admn

Magistrates

[ Bailii ]

 
 Regina v Clerkenwell Metropolitan Stipendiary Magistrate, Ex Parte Hooper; Admn 28-Jan-1998 - Times, 28 January 1998; [1999] 1 Cr App R 345; [1998] EWHC Admin 41; [1998] 1 WLR 800
 
Regina v Warley Justices ex parte Mandy Taylor [1998] EWHC Admin 94
28 Jan 1998
Admn
Laws LJ
Magistrates, Rating

[ Bailii ]
 
Regina v Norfolk Stipendary Magistrates ex parte Keable Times, 05 February 1998; [1998] EWHC Admin 108; [1998] CLR 510
29 Jan 1998
Admn

Criminal Practice, Magistrates
A police investigation into an offence not yet committed, did not count as an investigation into that offence for the purposes of setting the start date under the Act.
Criminal Procedure and Investigations Act 1996 1(3)
1 Citers

[ Bailii ]
 
Regina v Durham City Justices ex parte Cooper [1998] EWHC Admin 135
3 Feb 1998
Admn

Magistrates, Costs

[ Bailii ]
 
Norbrook Laboratories (Gb) Limited v Health and Safety Executive Times, 23 February 1998; Gazette, 05 March 1998; [1998] EWHC Admin 138
3 Feb 1998
Admn

Magistrates
Justices who were considering making use of their own local knowledge in making a decision must allow both representatives to know of this intention and to comment.
1 Cites

1 Citers

[ Bailii ]
 
Regina v Harwarden Justices ex parte Mark Anthony Evans [1998] EWHC Admin 160
10 Feb 1998
Admn

Magistrates, Criminal Sentencing
Application for judicial review of a decision committing the applicant to a period of 20 days' imprisonment for failure by reason of culpable neglect to meet a requirement to pay his community charge.
[ Bailii ]
 
Regina v Blackpool Justices ex parte Peter Guerin [1998] EWHC Admin 191
17 Feb 1998
Admn
Roch LJ, Potts LJ
Magistrates
Application for judicial review of refusal of magistrates to allow adjournment of a hearing.
Magistrates' Courts Act 1980 142
[ Bailii ]

 
 Regina v Scunthorpe Justices ex parte McPhee and Gallagher; Admn 24-Feb-1998 - Times, 10 March 1998; [1998] EWHC Admin 228; [1998] 162 JP 635
 
Regina v Lewes Crown Court (Sitting at Hove) ex parte Karmally [1998] EWHC Admin 246
27 Feb 1998
Admn

Magistrates, Road Traffic

[ Bailii ]
 
Regina v Corby Justices ex parte Agnes Mort Times, 13 March 1998; [1998] EWHC Admin 280
9 Mar 1998
Admn

Magistrates
Justices clerks are permitted to question fine defaulters as to their ability to pay, but must do so under enquiry without bias, and not as a prosecutor. A warrant for arrest for non-pyment of a fine was neither civil nor criminal in character, but in a category of its own.
Magistrates Courts Act 1980 82(4)(b)(I)
1 Citers

[ Bailii ]
 
Regina v Kraft Jacobs Suchard Limited St Albans and Mid Hertfordshire Justices [1998] EWHC Admin 316
12 Mar 1998
Admn

Magistrates, Costs

[ Bailii ]
 
Director of Public Prosecutions v Robert Moses Xavier [1998] EWHC Admin 311
12 Mar 1998
Admn

Road Traffic, Magistrates

[ Bailii ]
 
Chief Constable of Derbyshire v Goodman and Newton [1998] EWHC Admin 390
2 Apr 1998
Admn
May LJ
Magistrates, Costs, Police
Firearms licences were granted to the two respondents, but then revoked by the Chief Constable. They appealed to the Crown Court and their appeal was allowed. The judge, however, ordered the Chief Constable to pay the costs of the two respondents, and he appealed against that order. Held: The appeal was allowed. May LJ said: "It should be said that the learned judge had found that the Chief Constable had acted entirely in good faith, and no criticism was levelled against him in the way in which this had been handled."
Having considered a number of decided cases, he continued: "It is of course important to say that decisions as to costs are discretionary and that any court or tribunal exercising such discretion is obliged to take into account all relevant circumstances. One such relevant circumstance was that this was indeed a police authority performing a statutory licensing function. This will not be determinative of all cases, but it is important that the tribunal takes into account that, generally speaking, a cost order adverse to such an authority would not be made unless there was some good reason for doing so, which was more than the fact that the other party to the contest had succeeded." He concluded: "In my view, this is a borderline case so far as costs are concerned. I can certainly see some force in [counsel’s] submissions, but exercising afresh, as in my view we are entitled to do, the discretion which Judge Morrison exercised, I consider on balance that this is not a case where costs ought to have been ordered against the Chief Constable. He acted, as the judge held, in complete good faith and, in those circumstances, the costs order ought not to have been made against him."
1 Citers

[ Bailii ]
 
Regina v Newcastle Upon Tyne Justices ex parte Devine [1998] EWHC Admin 433
23 Apr 1998
Admn

Magistrates, Rating

[ Bailii ]
 
Regina v Stratford Magistrates Court ex parte Calverley [1998] EWHC Admin 468
29 Apr 1998
Admn

Environment, Magistrates, Natural Justice

Environmental Protection Act 1979 80
[ Bailii ]
 
Regina v Southampton Magistrates' Court ex parte Sansome [1998] EWHC Admin 480
1 May 1998
Admn

Magistrates, Criminal Practice

[ Bailii ]
 
Regina v Sefton Magistrates Court ex parte Hardiker [1998] EWHC Admin 484
5 May 1998
Admn

Magistrates
Power to allow prosecution to substitute offences.
[ Bailii ]
 
Baxter v Chief Constable of West Midlands [1998] EWHC Admin 487
6 May 1998
Admn
Schiemann LJ
Criminal Practice, Magistrates
The defendant appealed against refusal of bail after a hearing held in her absence. She was thought to have tuberculosis, and had been spitting at people from her cell. No solicitor could be found to represent her. The magistrates had thought that her sputum was infectious. Held: In the circumstances the magistrates had been justified: "The only guidance that I would be inclined to give is to say that when on a bail application, a person is legally represented and the magistrates form the view that there is a risk that the applicant for bail is suffering from a highly infectious disease, the magistrates are entitled to exclude that applicant from the hearing."
[ Bailii ]
 
Regina v Liverpool Youth Court ex parte Cushion [1998] EWHC Admin 492
7 May 1998
Admn

Magistrates, Criminal Practice

Magistrates' Court Act 1980 24
[ Bailii ]
 
Regina v Liverpool Youth Court ex parte Cushion [1998] EWHC Admin 493
7 May 1998
Admn

Magistrates, Criminal Practice

Magistrates' Court Act 1980 24
[ Bailii ]
 
Environment Agency v Campbell and Another Times, 18 May 1998; Times, 18 May 1998; Gazette, 10 June 1998
18 May 1998
QBD

Magistrates, Criminal Practice
Magistrates who had dismissed a prosecution for the failure of the prosecutor to attend court and without any consideration of the merits, were able to hear a subsequent summons issued on same facts.
Magistrates Courts Act 1980 15

 
Regina v Newcastle Upon Tyne Justices ex parte Devine Times, 07 May 1998; Gazette, 20 May 1998
20 May 1998
QBD

Magistrates
Justices who had issued a commitment warrant in the absence of the defendant, and without good reason for believing that the summons he had failed to respond to, had been served, were quite wrong, and because of earlier similar cases it was proper to order them to pay the costs of the action.
Community Charge (Administration and Enforcement) Regulations 1989 438

 
Regina v Redbridge Justices ex parte Robert Jenkins [1998] EWHC Admin 631
11 Jun 1998
Admn

Magistrates

[ Bailii ]
 
Michael Alan Coles v East Penwith Justices [1998] EWHC Admin 636
12 Jun 1998
Admn

Criminal Practice, Magistrates

Prosecution of Offences Act 1985 16 - Magistrates Courts Act 1980 142(1)
[ Bailii ]
 
Liverpool City Council v Worthington and Others Times, 16 June 1998
16 Jun 1998
QBD

Magistrates

Magistrates Courts Act 1980 111(3)

 
Kent County Council v Curtis Gazette, 24 June 1998; [1998] EWHC Admin 639
24 Jun 1998
QBD

Planning, Magistrates
Advertisements placed by a roadway outside a shop were properly found by magistrates not to cause an obstruction, nor to be unsafe or any danger. Magistrates were wrong to seek to alter their decision when stating their case for the divisional court.
[ Bailii ]
 
Regina v Lewes and Crowborough Magistrates' Court ex parte Mackelden [1998] EWHC Admin 691
30 Jun 1998
Admn

Rating, Magistrates

[ Bailii ]
 
Regina v Birkenhead Magistrates' Court ex parte Margaret Theresa Lewis [1998] EWHC Admin 724
8 Jul 1998
Admn

Magistrates

[ Bailii ]

 
 Regina v Doncaster Justices ex parte Hannan; QBD 16-Jul-1998 - Gazette, 26 August 1998; Times, 12 October 1998; [1998] EWHC Admin 756
 
Regina v Tameside Magistrates Court and Tameside Metropolitan Borough Council ex parte Coleman and Davenport [1998] EWCA Civ 1268
22 Jul 1998
CA

Magistrates, Local Government, Torts - Other
Allegations of malicious prosecution against local authorities for seeking and obtaining wrongful orders committing the claimants to prison for non-payment of Community Charge.
Community Charges (Administration and Enforcement) (Amendment) Regulations 1989
[ Bailii ]

 
 Coles v Camborne Justices; QBD 27-Jul-1998 - Times, 27 July 1998
 
Regina v Chichester Magistrates' Court ex parte Crowther [1998] EWHC Admin 870
8 Sep 1998
Admn

Judicial Review, Magistrates

[ Bailii ]

 
 Regina v Brent Justices ex parte Linehan; Admn 5-Oct-1998 - [1998] EWHC Admin 917
 
Regina v Thames Magistrates' Court ex parte Genegis Ramadan [1998] EWHC Admin 922
5 Oct 1998
Admn

Magistrates

1 Cites

[ Bailii ]

 
 Drozdowski v Department of Public Prosecutions; Admn 8-Oct-1998 - [1998] EWHC Admin 933
 
Regina v Chorley Justices ex parte Burton [1998] EWHC Admin 934
8 Oct 1998
Admn

Magistrates

[ Bailii ]
 
Regina v Middlesborough Justices ex parte Lisa Marie Readshaw [1998] EWHC Admin 973
16 Oct 1998
Admn

Taxes - Other, Local Government, Magistrates
Community Charge - non-payment.
[ Bailii ]
 
Regina v Macclesfield Justices ex parte Ian Robert Cornforth [1998] EWHC Admin 982
19 Oct 1998
Admn

Magistrates

[ Bailii ]
 
Regina v Norwich City Justices ex parte McKernan (No 2) [1998] EWCA Civ 1596
22 Oct 1998
CA

Magistrates

[ Bailii ]
 
O'Sullivan v Director of Public Prosecutions [1998] EWHC Admin 1041
4 Nov 1998
Admn

Magistrates
The court considered and gave directions for the form of statement of case submitted by the magistrates.
1 Citers

[ Bailii ]
 
Regina v Bishop Auckland Justices ex parte Liddell [1998] EWHC Admin 1044
5 Nov 1998
Admn
Law J
Rating, Magistrates

[ Bailii ]

 
 Regina v Merthyr Tydfil Crown Court, ex parte Chief Constable Dyfed Powys Police; QBD 9-Nov-1998 - COT, 9 November 1998
 
Regina v Hereford Magistrates Court Ex Parte Macrae Gazette, 27 January 1999; Times, 31 December 1998
31 Dec 1998
QBD

Magistrates
The need for effective fines enforcement as an alternative to prison meant that a policy of automatic issue of distress warrants for arrears was proper provided the system retained appropriate discretion. Delegation to clerks was proper.

 
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