swarb.co.uk - law index
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Magistrates - From: 1999 To: 1999
This page lists 35 cases, and was prepared on 02 April 2018.
Regina v The South Devon Magistrates Court ex parte Hallett CCO/3786/99
1999
Admn
Judge LJ, Wright J
Magistrates, Costs
The costs assessor had refused costs for counsel on the grounds that they were unreasonably incurred because the case was not sufficiently grave. Held. There was nothing in the statutory language to justify the adoption of such a high test of reasonableness. The issue was not whether cheaper representation could have been obtained, but whether the representation in fact secured was reasonable.
Prosecution of Offences Act 1985 16(6)
1 Citers
Regina v Ealing Magistrates ex parte Ralph Burgess Unreported, 03 January 1999; CO 4013/99
3 Jan 1999
QBD
Magistrates
The court upheld a Magistrate's decision to proceed in the absence of a defendant.
1 Citers
Regina v Marylebone Magistrates' Court ex parte Westminster City Council [1999] EWHC Admin 19
13 Jan 1999
Admn
Magistrates
[ Bailii ]
Regina v Clerk to Bradford Justices, ex parte Sykes and Shoesmith; Admn 14-Jan-1999 - Gazette, 10 February 1999; Times, 28 January 1999; [1999] EWHC Admin 24
Regina v Liverpool City Magistrates Court ex parte Quantrell Times, 02 February 1999; [1999] EWHC Admin 41; [1999] Crim LR 734; (1999) 163 JP 420; [1999] 2 Cr App R 24
19 Jan 1999
Admn
Buxton LJ, Collins J
Magistrates, Criminal Practice
The defendant appealed against the refusal of the Justices to deal with his formal committal to the Crown court in his absence when he was unwell. The magistrates had distinguished between sections 6(1) and 6(2) as to whether the accused was required to be present. Held: The distinction was false: "when the Act deals in section 4 with the tendering of the evidence before the Justices it is doing more than simply using that expression to refer to a discrete and separate part of the committal proceedings. The overall structure of the Act is using that expression, in my judgement, to refer to committal proceedings as a whole. Even if that is not right it would be wholly artificial to think that Parliament would have consciously made any provision in section 6(2) preventing action in the absence of the accused by simply by omitting any such provision in section 6(2). Particularly in a section 6(2) case the tendering of the evidence, and the consideration of whether the accused should be committed, is part and parcel of a single operation."
Magistrates Courts Act 1980 4(4) 6(2)
[ Bailii ]
Regina v Stockport Justices ex parte Gillian Wilson [1999] EWHC Admin 53
22 Jan 1999
Admn
Tucker J
Magistrates
[ Bailii ]
Regina v Crown Prosecution Service and Wigan Magistrates Court ex parte Johnson and Stone [1999] EWHC Admin 107
5 Feb 1999
Admn
Magistrates
[ Bailii ]
Regina v Belmarsh Magistrates' Court ex parte Fiona Watts; Admn 8-Feb-1999 - [1999] EWHC Admin 112; [1999] 2 CAR 188
Regina v Horseferry Magistrates' Court ex parte Barry Young [1999] EWHC Admin 138
15 Feb 1999
Admn
Magistrates
London Hackney Carriages Act 1843
[ Bailii ]
Regina v Horseferry Road Magistrates' Court ex parte Caroline Asapokhai ex parte Patricia Mason and ex parte Adesoji Ibiloye [1999] EWHC Admin 147
16 Feb 1999
Admn
Magistrates, Evidence, Criminal Practice
[ Bailii ]
Regina v Horseferry Road Magistrates' Court v Director of Public Prosecutions ex parte Barry Young [1999] EWHC Admin 162
22 Feb 1999
Admn
Magistrates
[ Bailii ]
In the Matter of an Application for Leave To Apply for Judicial Review Queen v Luton Justices (ex parte Mandy Mason) [1999] EWHC Admin 176
26 Feb 1999
Admn
Owen J
Magistrates, Criminal Sentencing
Fines default case
[ Bailii ]
Regina v Liverpool Magistrates Court, Ex parte Abiaka Times, 06 May 1999; Gazette, 08 April 1999; [1999] EWHC Admin 205
5 Mar 1999
QBD
Magistrates, Costs
After a bench dismissed a matter, a later bench awarded the defendant his costs. He applied for payment but was refused on basis that it was not the same bench. Held: It need not be the same bench to dismiss the charge and to order costs. Once justices have made a defendant's costs order, it is not for the clerk to ignore it. If he believed it wrong in law, he should raise it again with the bench or a reconstituted bench to alter the decision or refer it to a higher court.
Prosecution of Offences Act 1985 16(1)
[ Bailii ]
Regina v Horseferry Road Magistrates' Court ex parte Director of Public Prosecutions [1999] EWHC Admin 210
8 Mar 1999
Admn
Magistrates
[ Bailii ]
Regina v Dover Magistrates ex parte Vivian [1999] EWHC Admin 228
16 Mar 1999
Admn
Magistrates
Appeal against warrant for commitment.
[ Bailii ]
Regina v Peterborough Justices ex parte Jaspal Singh [1999] EWHC Admin 303
14 Apr 1999
Admn
Magistrates
[ Bailii ]
Regina v Watford Justices ex parte Hudson [1999] EWHC Admin 340
21 Apr 1999
Admn
Magistrates, Rating
[ Bailii ]
Regina v Berwyn, Flintshire and Wrexham Maelor Magistrates' Courts (Youth Court) and Clerk To above Magistrates, ex parte B (a Juvenile) [1999] EWHC Admin 378
30 Apr 1999
Admn
Magistrates
[ Bailii ]
Regina v Chief Constable of Derbyshire ex parte Bramley [1999] EWHC Admin 419
11 May 1999
Admn
Magistrates
The applicant sought permission to challenge the issue of search warrants. Held: Leave was granted. It was accepted that there was in any event a technical mistake, and legally privileged documents were inspected or taken.
[ Bailii ]
Regina v Nottingham Magistrates' Court ex parte Paul Davidson [1999] EWHC Admin 426
12 May 1999
Admn
Magistrates, Criminal Practice
[ Bailii ]
Regina v Doncaster Justices Ex Parte Jack; Regina v Doncaster Justices Ex Parte Christison Times, 26 May 1999
26 May 1999
QBD
Magistrates
Magistrates having been told previously not to sentence for wilful failure to pay fine or taxes in the absence of the defendant who can give evidence, and continuing to do so, must face an order to pay the costs of appeal personally.
Regina v Birmingham Youth Court ex parte Eugene Flanagan (By His Mother Karmjit Sandhu As Next Friend) [1999] EWHC Admin 544
14 Jun 1999
Admn
Magistrates
Application for leave.
[ Bailii ]
Regina v South Ribble Justices ex parte Bolton [1999] EWHC Admin 570
18 Jun 1999
Admn
Roch LJ, Collins J
Criminal Practice, Magistrates
Magistrates' Courts Act 1980 17A
[ Bailii ]
Regina v Salisbury Magistrates Court ex parte Douglas Gray [1999] EWHC Admin 609
28 Jun 1999
Admn
Magistrates, Criminal Practice
Request for judicial review of decision of magistrates to commit him to crown court for sentence.
Magistrates' Courts Act 1980 38
[ Bailii ]
Regina v Luton Justices ex parte Judah Abecasis [1999] EWHC Admin 613
29 Jun 1999
Admn
Criminal Practice, Magistrates
Drug Trafficking Act 1994 42(1) - Magistrates Courts (Detention and Forfeiture of Drug Trafficking Cash) Rules 1991 (1991 No 1923)
[ Bailii ]
Regina v Metropolitan Stipendiary Magistrate ex parte J [1999] EWHC Admin 671
12 Jul 1999
Admn
Magistrates
[ Bailii ]
Regina v Stipendiary Magistrate for Leicestershire ex parte Kaur [1999] EWHC Admin 684
13 Jul 1999
Admn
Magistrates
[ Bailii ]
George Smith v Director of Public Prosecutions and Jacqueline Morris [1999] EWHC Admin 705
19 Jul 1999
Admn
Magistrates
Refusal of magistrates to adjourn.
[ Bailii ]
Regina v Medway Justices ex parte Bellinger [1999] EWHC Admin 716
20 Jul 1999
Admn
Magistrates
[ Bailii ]
Regina v Clerk To Magistrates' Court; Surrey Magistrates; Whalley and Saunders (the Authorities Bailiff) ex parte Reynolds Douglas John Hardiman [1999] EWHC Admin 729
23 Jul 1999
Admn
Magistrates
Complaint about the execution of a warrant for distress.
[ Bailii ]
Regina v Barking Youth Court ex parte 'B' (By His Next Friend 'B') [1999] EWHC Admin 741
27 Jul 1999
Admn
Magistrates
[ Bailii ]
Kaur v Director of Public Prosecutions Times, 05 October 1999
5 Oct 1999
QBD
Magistrates
The decision as to whether to remit all or part of a recognisance as vested in magistrates was a wide one, and the magistrates could properly make allowance for the impact of any enforcement order on the surety.
Magistrates Courts Act 1980 120
Parish v Director of Public Prosecutions (Orse Parrish v Director of Public Prosecutions) Times, 02 March 2000; [2000] RTR 143
1 Nov 1999
QBD
Tuckey LJ, Moses J
Magistrates, Road Traffic
The defendant motorist was accused of driving with excess alcohol. There had been a difference in readings between two samples taken within a short time of each other. Held: He should have been allowed an adjournment to bring his own expert witness to explain the discrepancy. A breath test taken only a short time after the one relied upon had produced a result which was lawful. The cases did not mean that it was not possible to contradict the findings of a blood test.
Road Traffic Act 1988
1 Cites
1 Citers
Regina v Sheffield City Justices, Ex Parte Foster Times, 02 November 1999
2 Nov 1999
QBD
Magistrates
The power of a magistrate to make a subsequent order correcting an earlier one was wide. The section gave wide powers, including the power to revoke an order for an overnight detention. Magistrates should not forget that the purpose of the system for collection of fines, was to collect the fine, and not further to punish the offender.
Magistrates Courts Act 1980 142
Mooney v Cardiff Justices Gazette, 03 November 1999; Times, 17 November 1999
3 Nov 1999
QBD
Criminal Practice, Magistrates, Costs
Where a prosecution was discontinued and the defendant applied for his costs, the court should need to hear oral evidence before deciding whether his actions had brought the complaint upon himself. It was proper to hear and rely upon prosecution material, but should look for some independent element supporting an allegation.