Magistrates announced that there was no case to answer, but then agreed evidence was put before them which clearly undermined the basis of that decision.
Held: It was open to the magistrates to correct their mistake immediately. The appellant’s contention was highly technical. An error had been agreed by the defendant’s solicitor and admitted by the Magistrates, and the Essex Justices case did not apply.
Judges:
Maurice Kay, Crane JJ
Citations:
Times 25-Sep-2003, [2003] EWHC 2251 (Admin), [2004] 1 WLR 592
Links:
Jurisdiction:
England and Wales
Citing:
Distinguished – Regina v Essex Justices ex parte Final QBD 1963
Magistrates had announced a case to be proved, but had then been persuaded to reconsider their verdict.
Held: The magistrates became functus officio, and had no remaining jurisdiction to substitute a different verdict, either way. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Magistrates
Updated: 05 November 2022; Ref: scu.186520
