The court set out the duties of magistrates when making a warrant for committal. Simon Brown LJ said that where there has been a criminal conviction the courts have firmly excluded collateral attack by habeas corpus, holding that the only proper remedy lies by way of appeal.
Judges:
Staughton LJ, Simon Brown LJ
Citations:
[1996] 2 WLR 681, [1997] QB 1
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v York Magistrate Court ex parte Grimes Admn 12-May-1997
The defendant sought judicial review of the decision of the magistrates to commit her to prison for non-payment of fines. The had found wilful neglect to pay.
Held: The magistrates had erred in thinking that the variability of the defendant’s . .
Cited – Secretary of State for Justice v James HL 6-May-2009
The applicant had been sentenced to an indefinite term for public protection, but the determinate part of his sentence had passed with no consideration as to whether his continued detention was required.
Held: The post tariff detention was not . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Criminal Practice
Updated: 23 November 2022; Ref: scu.199787
