The youth court had made an order that the victim could give evidence in-chief by video recording and the remainder of her evidence by television link. When the case came to trial before a differently constituted bench the defendant successfully applied to have the order of the first bench reversed. The Director of Public Prosecutions now applied to quash that decision, submitting that it was a decision which no reasonable bench could make and that it was inappropriate to set aside the original order. The defendant argued that a decision of the ECHR was a new circumstance.
Held: The appeal succeeded. The ECHR decision was not a new circumstance. Laws LJ said: ‘It is necessary for the efficacious administration of justice to take a strict approach to the power of a lower court to revisit and revoke an order earlier made by itself. Clearly there must be some power to do so in the interests of justice. It arises, as my Lord has indicated, where there is a change of circumstances. Plainly that must be a change of relevant circumstances.
I would expect that cases in which an earlier existing circumstance, not drawn to the attention of the Court at the first hearing, would justify the court in later overturning its first decision would be most infrequent.’
Judges:
Laws LJ
Citations:
[2000] 2 Crim LR 75
Jurisdiction:
England and Wales
Citing:
Cited – V v The United Kingdom; T v The United Kingdom ECHR 16-Dec-1999
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the . .
Cited by:
Cited – Jones v South East Surrey Local Justice Area Admn 12-Mar-2010
The defendant sought judicial review of a decision of the magistrates to adjourn a case where, on the day before, a differently constitued bench had refused an adjournment requested by the prosecution. On the first occasion the prosecutor had not . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 01 July 2022; Ref: scu.226026