The justices, having convicted a defendant, purported first to commit him to quarter sessions for sentence but the case was not one to which the sub-section applied.
Held: The committal was a nullity and the justices were entitled to proceed to sentence and an order was made compelling them to do so. Justices have jurisdiction to sentence a defendant, notwithstanding that they previously purported to commit him for sentence in respect of an offence which carried no such power.
Citations:
[1950] KB 558
Jurisdiction:
England and Wales
Cited by:
Cited – Mathialagan, Regina (on the Application of) v London Borough of Southwark and Another CA 13-Dec-2004
Liability Orders were made against the appellant in respect of non-domestic rates in respect of two properties. The orders were made in the absence of the appellant or any representative. Application for judicial review was made to re-open the . .
Cited – Regina (on the Applications of Salubi and Another) v Bow Street Magistrates Court Admn 10-May-2002
The several applicants had been accused of offences under which the cases were to be transferred direct to the Crown Court for trial. The charges were later amended, with alternative offences preferred for which similar procedures might be and were . .
Cited – Liverpool City Council v Pleroma Distribution Ltd Admn 21-Nov-2002
The defendant had applied for an adjournment of the council’s application for a liability order. The court made an order without considering the application, not having been told of it. On later discovering the application, they set aside the . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 22 November 2022; Ref: scu.220279