Rhodes-Presley, Regina (on the Application of) v South Worcestershire Magistrates’ Court: Admn 9 Oct 2008

In convicting the defendant, the magistrates announced that they had done so on the balance of probabilities. At a later hearing magistrates sought to set aside the decision and relist the case for a new hearing. They refused to state a case. The defendant sought judicial review.
Held: Magistrates did not have power of their own motion to order a re-trial.

Ouseley J
[2008] EWHC 2700 (Admin)
Magistrates Courts Act 1980 142(2)
England and Wales

Criminal Practice, Magistrates

Updated: 31 October 2021; Ref: scu.277928