Archive for the 'magistrates' Category

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) – WLR Daily

Regina (Hope and Glory Public House Ltd) v City of Westminster Magistrates’ Court (Westminster City Council intervening) [2011] EWCA Civ 31; [2011] WLR (D) 20

“Although an appeal to a magistrates’ court from the decision of a local authority’s licensing committee was a full rehearing on all the evidence the committee’s decision was a relevant matter to be taken into consideration and should only be reversed if the judge was satisfied that the original decision was wrong.”

WLR Daily, 27th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Virtual court scheme too expensive, says report – The Independent

“Rolling out virtual courts would cost more than it would save, a report found today. A pilot project, in which defendants appeared via video link from a police station for their first appearance at a magistrates’ court, cost £247 more per case than the traditional court process, the study for the Ministry of Justice found.”

Full story

The Independent, 21st December 2010

Source: www.independent.co.uk

Violent offenders escaping with cautions, warn magistrates – Daily Telegraph

“Almost 40,000 violent offenders a year are being handed soft punishments because they are not taken to court, one of the country’s leading magistrates has warned.”

Full story

Daily Telegraph, 30th November 2010

Source: www.telegraph.co.uk

Regina (Windsor and Maidenhead Royal Borough Council) v East Berkshire Magistrates’ Court – WLR Daily

Regina (Windsor and Maidenhead Royal Borough Council) v East Berkshire Magistrates’ Court [2010] WLR(D) 264

“Whether an article was a ‘knife’ within the meaning of s 141A(2)(a) of the Criminal Justice Act 1988 was not a pure question of fact, but a question of mixed fact and law; and the justices had erred in law in finding that s 141A did not apply to a grapefruit knife, notwithstanding that it was a cutting instrument consisting of a blade with a handle.”

WLR Daily, 25th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Top judge Lord Justice Goldring wants to save 34 courts – BBC News

“The senior presiding judge for England and Wales has said he cannot back the closure of 18 of the 103 magistrates’ courts earmarked for closure.”

Full story

BBC News, 21st October 2010

Source: www.bbc.co.uk

Middle-aged women magistrates don’t want cases in town halls, says Jonathan Djanogly – Daily Telegraph

“A justice minister has played down plans to use town halls as courtrooms because many magistrates are ‘middle aged women’ who were worried about their security.”

Full story

Daily Telegraph, 19th October 2010

Source: www.telegraph.co.uk

Magistrates order pregnant Muslim to remove veil – Daily Telegraph

“Magistrates ordered a pregnant Muslim woman to remove her veil while she gave evidence against her violent ex-partner.”

Full story

Daily Telegraph, 8th October 2010

Source: www.telegraph.co.uk

Court napping, the magistrate who fell asleep at the bench – The Independent

“A magistrate has been removed from office after he fell asleep on the bench, causing an assault trial to collapse, the Office for Judicial Complaints said yesterday.”

Full story

The Independent, 28th September 2010

Source: www.independent.co.uk

Courts could be set up in shopping centres, Magistrates’ Association says – Daily Telegraph

“Courts could be set up in shopping centres with the public able to watch through glass panes under plans to speed up the justice system, the Magistrates’ Association said on Tuesday.”

Full story

Daily Telegraph, 18th August 2010

Source: www.telegraph.co.uk

Magistrate disciplined after comment to foreign defendant – The Independent

“A magistrate was disciplined after rebuking a foreign defendant for ‘coming to our shores and abusing our hospitality’.”

Full story

The Independent, 22nd July 2010

Source: www.independent.co.uk

Lawyers warn that court closures could threaten access to justice – Law Society’s Gazette

“Lawyers have warned that government proposals to close nearly a third of the courts in England and Wales could threaten access to justice and increase pressure on legal aid practitioners.”

Full story

Law Society’s Gazette, 1st July 2010

Source: www.lawgazette.co.uk

Solicitors alarmed by associate prosecutor proposals – Law Society’s Gazette

“Proposals that could enable ‘associate prosecutors’ with no legal qualifications to conduct magistrates’ court trials amount to ‘justice on the cheap’ and herald the ‘de-lawyering’ of the magistrates’ court, solicitors have warned.”

Full story

Law Society’s Gazette, 18th March 2010

Source: www.lawgazette.co.uk

Ministers plan law change to stop arrests of foreign officials – The Guardian

“New legislation that could strip magistrates of their power to issue arrest warrants for foreign dignitaries on visits to the UK has been attacked by MPs and campaigners.”

Full story

The Guardian, 15th January 2010

Source: www.guardian.co.uk

Magistrate who won victimisation case sacked for misconduct – Daily Telegraph

“A black magistrate who won a victimisation case against the Ministry of Justice has been sacked for misconduct.”

Full story

Daily Telegraph, 9th January 2010

Source: www.telegraph.co.uk

The Criminal Procedure Rules and witness attendance for magistrates – speech by Nicholas Moss, JP

“The Criminal Procedure Rules and witness attendance for magistrates’ – speech to the  Magistrates’ Association Council, London on 26 November 2009.”

Full speech

Judiciary of England and Wales, 1st December 2009

Source: www.judiciary.gov.uk

Magistrates attack plans for ‘alcohol asbos’ to tackle drunken behaviour – The Guardian

“A government policy to fine drunken troublemakers up to £2,500 under a new system of ‘alcohol asbos’ introduced today has been rubbished by magistrates whose job it is to impose them.”

Full story

The Guardian, 31st August 2009

Source: www.guardian.co.uk

Black magistrate victimised after reporting concerns of racism – Daily Telegraph

“A black magistrate who alleged she witnessed ‘hostile treatment’ of black defendants in court was victimised after reporting her concerns, a tribunal ruled.”

Full story

Daily Telegraph, 21st August 2009

Source: www.telegraph.co.uk

Magistrates angry over cuts as on-the-spot fines replace court hearings – The Times

“Magistrates are angry that they are being made to carry the brunt of cuts because their workload is being diverted away from the courts.”

Full story

The Times, 10th July 2009

Source: www.timesonline.co.uk

Jack Straw defends virtual courts after trial at police station – The Times

“Jack Straw, the Justice Secretary, was in court yesterday — to defend his plans for ‘virtual courts’, under which thousands of defendants will lose their right to have a courtroom hearing.”

Full story

The Times, 28th May 2009

Source: www.timesonline.co.uk

Magistrate resigns in Twitter row – BBC News

“A magistrate has resigned from the bench following a complaint about his use of the Twitter network.”

Full story

BBC News, 25th April 2009

Source: www.bbc.co.uk

Magistrate resigns over homosexual comments – Daily Telegraph

“A magistrate has resigned after making derogatory comments about homosexuals in a BBC television documentary.”

Full story

Daily Telegraph, 20th April 2009

Source: www.telegraph.co.uk

Courts are racist, says black magistrate – The Times

“A black magistrate claimed yesterday that a culture of courtroom racism routinely saw innocent ethnic minority defendants found guilty before being handed the harshest possible jail sentence.”

Full story

The Times, 9th April 2009

Source: www.timesonline.co.uk

Magistrate ‘fell asleep’ during trial – Daily Telegraph

“A magistrate, John Harrison, is under investigation after reportedly falling asleep during a teenager’s trial for an alleged assault.”

Full story

Daily Telegraph, 26th March 2009

Source: www.telegraph.co.uk

R (Longato) v Camberwell Green Magistrates’ Court – WLR Daily

R (Longato) v Camberwell Green Magistrates’ Court [2009] WLR (D) 104

The statutory procedure for an application to extend a closure order, set out in s 5(3) of the Anti-social Behaviour Act 2003, which provided that within a reasonable time before the hearing of an application a summons might be issued by a justice of the peace to the former occupier of the premises, did not oust or modify the general procedural requirements of the Magistrates’ Courts Act 1980 or r 99 of the Magistrates’ Courts Rules 1981; if the court failed to issue and serve the summons in the manner prescribed, its ability to hear the complaint was fettered.”

WLR Daily, 23rd March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in once of the ICLR series the corresponding WLR Daily summary is removed.

More power for JPs raises fear of prison overcrowding crisis – The Times

“Longer prison sentences for assault, theft and benefit fraud are likely under plans to overhaul the courts system. But the proposed stronger powers for magistrates could bring the country’s overcrowded prisons to breaking point, campaign groups say.”

Full story

The Times, 20th March 2009

Source: www.timesonline.co.uk

R (Perinpanathan) v City of Westminster Magistrates’ Court – WLR Daily

R (Perinpanathan) v City of Westminster Magistrates’ Court; [2009] WLR (D) 92

In exercising its power under s 64(1) Magistrates’ Court Act 1980 to make ‘such order as to costs … as it thinks just and reasonable’ a magistrates’ court was entitled, when dismissing forfeiture proceedings, to take into account its view that the application had reasonably been made.”

WLR Daily, 12th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Beyond reasonable doubt – BBC News

“Magistrates dealing with criminal offences are ‘case-hardened’ and may not properly apply the correct standard of proof, a prominent barrister claims.”

Full story

BBC News, 10th March 2009

Source: www.bbc.co.uk

Suspended magistrate is reinstated as review finds dismissal was ‘disproportionate’ – The Guardian

“A magistrate who was suspended for criticising the police is to be reinstated after an independent review decided a recommendation to dismiss her was ‘disproportionate’ and the hearing that led to it was flawed and unfair, the Guardian has learned.”

Full story

The Guardian, 16th February 2009

Source: www.guardian.co.uk

JPs win first round in battle over extention of on-the-spot fines – The Times

“Magistrates have won a first-round battle over the growing use of on-the-spot fines, which they warn, are undermining public confidence in the justice system.”

Full story

The Times, 5th February 2009

Source: www.timesonline.co.uk

Practice Direction: Applications in the magistrates’ court to enforce contact orders – WLR Daily

Practice Direction: Applications in the magistrates’ court to enforce contact orders; [2008] WLR (D) 345

Applications to enforce contact orders made in the magistrates’ courts are to be considered by family proceedings courts.”

WLR Daily, 7th November 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


Hammersmith and Fulham London Borough Council v Food City Express Ltd – WLR Daily

Hammersmith and Fulham London Borough Council v Food City Express Ltd; [2008] WLR (D) 314

“On an appeal against a decision of a licensing authority on a point of procedure a magistrates’ court may not displace a lawful decision and remit the case on the basis that the authority’s discretion should have been exercised differently.”

WLR Daily, 13th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Magistrate claims race discrimination against Ministry of Justice – Daily Telegraph

“A black magistrate claims she suffered a nine-year campaign of discrimination by senior court officials and was unfairly denied promotion due to her colour.”

Full story

Daily Telegraph, 7th October 2008

Source: www.telegraph.co.uk

Police cautions and on-the-spot fines leave magistrates with nothing to do – The Times

“Adult and youth courts in the Midlands are being cancelled because more offenders are being given on-the-spot fines, according to a letter leaked to The Times.”

Full story

The Times, 28th August 2008

Source: www.timesonline.co.uk

Magistrate loses bid to sue daughter-in-law for libel over assault claim – Daily Telegraph

“A magistrate who tried to sue his former daughter-in-law for defamation claiming she had ‘maliciously’ accused him of assault has lost his case. ”

Full story

Daily Telgraph, 15th July 2008

Source: www.telegraph.co.uk

Magistrates should be banned from handing out custodial sentences – Daily Telegraph

“Magistrates should be banned from handing out custodial sentences to help ease overcrowding in prisons, an influential report says.”

Full story

Daily Telegraph, 13th July 2008

Source: www.telegraph.co.uk

Views sought on magistrates’ courts and youth court trial rules – Ministry of Justice

“The Criminal Procedure Rule Committee is seeking views on a proposal to consolidate and revise the rules about trials in magistrates’ courts.”

Full story

Ministry of Justice, 1st July 2008

Source: www.justice.gov.uk

Straw sacks magistrate who criticised police – The Independent

“Jack Straw was at the centre of a political row last night after he sacked a magistrate who criticised the police for failing to protect her daughter from being physically assaulted at school.”

Full story

The Independent, 8th June 2008

Source: www.independent.co.uk

Specialist drug courts ‘working’ – BBC News

“Specialist courts which deal only with drugs offenders are proving a success, the government has said.”

Full story

BBC News, 28th May 2008

Source: www.bbc.co.uk

Time intervals for criminal proceedings in magistrates’ courts – Ministry of Justice

“The latest National Statistics release on time intervals for criminal proceedings in magistrates’ courts, released by the Ministry of Justice and produced in accordance with arrangements approved by the UK Statistics Authority.”

Full release

Ministry of Justice, 23rd May 2008

Source: www.justice.gov.uk

Revised Magistrates’ Court Sentencing Guidelines – Published 12 May 2008 – Sentencing Guidelines Council

“The first revised magistrates’ court sentencing guidelines in four years have today been published by the Sentencing Guidelines Council.”

Press release

Revised Magistrates’ Court Sentencing Guidelines (PDF)

Sentencing Guidelines Council, 12th May 2008

Source: www.sentencing-guidelines.gov.uk

Fraser v Judicial and Legal Services Commission and another – WLR Daily

Fraser v Judicial and Legal Services Commission and another [2008] UKPC 25; [2008] WLR (D) 139

“A magistrate, on a fixed term appointment in Saint Lucia, enjoyed the same constitutional rights against summary dismissal as a member of the higher judiciary, regardless of any contractual term to the contrary.”

WLR Daily, 7th May 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lawyers fight plans for case-worker trials – The Times

“Barristers begin an offensive today over plans to allow non-lawyers to conduct magistrates’ courts trials.”

Full story

The Times, 21st April 2008

Source: www.timesonline.co.uk

Views sought on proposed changes to Criminal Procedure Rules – Ministry of Justice

“The Criminal Procedure Rule Committee is asking for views on proposed changes to the rules on starting a criminal case in a magistrates’ court.”

Full story

Ministry of Justice, 7th April 2008

Source: www.justice.gov.uk

Magistrate jailed for 18 months for fraud – Daily Telegraph

“A magistrate who told a businessman friend that he could make a court case against him ‘go away’ has been jailed for 18 months.”

Full story

Daily Telegraph, 19th March 2008

Source: www.telegraph.co.uk

Court staff ‘let hundreds of offenders walk free’ – The Guardian

“Staff at Leeds magistrates court are facing disciplinary action for serious errors which resulted in hundreds of offenders escaping prosecution, the Ministry of Justice said today.”

Full story

The Guardian, 11th March 2008

Source: www.guardian.co.uk

Pc’s attacker is spared jail – Daily Telegraph

“A senior police officer has criticised magistrates after they chose not to jail a man who beat up a police constable because the country’s prisons are too full.”

Full story

Daily Telegraph, 27th February 2008

Source: www.telegraph.co.uk

Magistrates hit back at call to jail fewer people – The Guardian

“Magistrates reacted angrily yesterday to a call from the justice secretary, Jack Straw, to send fewer people to jail to ease pressure on prison places.”

Full story

The Guardian, 23rd February 2008

Source: www.guardian.co.uk

Magistrate carried out Tube scam – BBC News

“A magistrate who carried out a £5,000 Tube ticket scam has been given a suspended sentence.”

Full story

BBC News, 12th Februrary 2008

Source: www.bbc.co.uk

Juvenile court magistrate: Our hands are tied – Daily Telegraph

“Violent crime committed by children and teenagers has gone up by a third in only three years, an investigation by The Sunday Telegraph revealed last week. Total offences climbed steadily from 184,474 in 2003 to 222,750 in 2006. Most of these are dealt with by overstretched youth courts in possession of limited sentencing powers. Patrick Sawer reports from the ‘frontline’ of youth justice, as magistrates, lawyers and officials struggle to cope with rising levels of youth crime.”

Full story

Daily Telegraph, 27th January 2008

Source: www.telegraph.co.uk

McClintock v Department of Constitutional Affairs – Times Law Reports

McClintock v Department of Constitutional Affairs

Employment Appeal Tribunal

“To allow judges to opt out of hearing cases where they disapproved of the law would be an abdication of their responsibilities.”

The Times, 5th December 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

Time intervals for criminal proceedings in magistrates’ courts – Ministry of Justice

“Quarterly National Statistics release presenting results from a 1-week survey of criminal cases completed in the Magistrates’ courts. ”

Full press release

Ministry of Justice, 23rd November 2007

Source: www.justice.gov.uk

To deliver justice we need time, not a midwife – The Times

“It is nine months since ‘Falconer’s Folly’ began its roll-out to all 360 magistrates’ courts in England and Wales. This scheme is more properly called ‘speedy justice’ – a system designed to hurry cases through the courts. A trial period in Thames, Camberwell, Coventry and West Cumbria proved that it did just that, according to some official statistics.”

Full story

The Times, 13th November 2007

Source: www.timesonline.co.uk  

Gay couple adoption appeal lost – BBC News

“An ex-magistrate who says he was forced to resign because he would not place children for adoption with gay couples has lost his appeal.”

Full story

BBC News, 31st October 2007

Source: www.bbc.co.uk

JP fears assault claim hit reputation – Daily Telegraph

“A leading magistrate has said he feared his reputation was in tatters after losing a legal bid to sue his daughter-in-law over allegations he assaulted her.”

Full story

Daily Telegraph, 31st October 2007

Source: www.telegraph.co.uk

Christian JP refused to rule on gay adoption – The Times

“A Christian magistrate was forced to resign because he refused to place children for adoption with gay couples, an employment appeal tribunal was told yesterday.”

Full story

The Times, 23rd October 2007

Source: www.timesonline.co.uk


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