The appellant had requested the magistrates to state a case as to why they had ruled against his submission that he had no case to answer. The established rule is that they do not have to give such reasons. He argued that the new Human Rights duties required such reasons to be given to allow a fair trial under article 8.
Held: The Act had not changed the situation. A summary trial is a particular procedure, and it was undesirable to require justices to give a detailed assessment of evidence and witnesses at the end of the prosecution case. ‘Having regard to all that authority, what then is the position in relation to a refusal by Magistrates to accede to a submission of no case to answer? In my judgment, even after 2nd October 2000 there is still no legal obligation on the Magistrates to give reasons for rejecting a submission of no case. It is now usual for us to give reasons following a finding on appeal, and that has been done in this case. If a defendant is concerned about the conduct or outcome of a summary trial, he has a number of procedural options. In particular, (1) an appeal by way of re-hearing in the Crown Court, (2) an appeal by this court by way of case stated, in which case the Justices may be required to explain in the case stated the route by which they reached a particular conclusion, or (3) in some circumstances on application for judicial review.’
Judges:
Maurice Kay J
Citations:
Times 06-Feb-2002, Gazette 15-Mar-2002, [2002] EWHC 89 (Admin)
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Dacre Son and Hartley Ltd v North Yorkshire Trading Standards Admn 27-Oct-2004
The defendants appealed a conviction under the Act complaining of the adequacy of the evidence presented. A buyer had found dampness in a property. It was later remarketed by the defendant who asked if it suffered dampness. She was told it did not. . .
Cited – Hawkes v Director of Public Prosecutions CACD 2-Nov-2005
The defendant appealed her convictions for assaulting a police officer and obstructing him in the course of his duty. She had acted in an abusive manner, but there had been no violence.
Held: Whilst she might have been arrested on the basis . .
Cited – Hawkes, Regina (on the Application Of) v Director of Public Prosecutions Admn 2-Nov-2005
The defendant appealed by way of case stated against her conviction for assaulting a police officer in the execution of his duty. Her son was arrested in the early hours of the morning from her house. She followed him outside and sat in the police . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Human Rights
Updated: 28 June 2022; Ref: scu.167568
