The defendant sought judicial review of the decision to commit him to the crown court for sentence. He complained that in making that decision, the Disrict Judge had come to a conclusion as to a fact in a way which was procedurally unfair.
Held: The DJ had stated that he had intended to commit the claimant for sentence in any event. The court could not go against that, and it was therefore appropriate to allow the case to proceed to the Crown Court but on the basis (applying Gillan) that no conclusion had yet been reached as to the matter of fact dealt with by the DJ.
Judges:
Gage LJ, Rafferty J
Citations:
[2007] EWHC 1136 (Admin)
Links:
Citing:
Cited – Gillan v The Director of Public Prosecutions Admn 15-Feb-2007
Before committing the defendant for sentence, the magistrates court had itself decided on disputed facts behind the plea. After being committed to the Crown Court, the defendant asked that court to conduct a further hearing to determine the facts. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 11 July 2022; Ref: scu.253294