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Magistrates: Case Law, Legislation, Links 03-12-15

Family Law, Children, Adoption

Magistrates: Case Law, Legislation, Links 03-12-15

Postby dls » Thu Dec 03, 2015 12:13 pm

Matters affecting the practice of law in the magistrates courts.
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Da Costa & Co (a Firm) and Collins -v- Thames Magistrates Court and H M Commissioners of Customs & Excise; QBD 25-Jan-2002 - The claimant sought to challenge search warrants issued by the respondents. The warrants were criticised as being too widely drawn, and in breach of the 1984 Act. Criticism was also made of the implementation of the searches, in the use of excess numbers of officers, and the taking of images of hard disks, thus acquiring privileged information about other clients of the accountant claimants.
    Groome -v- Driscoll; QBD 1969 - The defendant, prosecuted for a minor driving offence of driving without due care and attention, did not receive the information of intended prosecution within 14 days as the statute required. He appeal by case stated.
    Hackshaw -v- Hackshaw; FD 29-Jul-1999 - Even though in some circumstances there was no formal requirement imposed on magistrates by statute to give reasons for their decision, where that decision was capable of being appealed the giving of reasons was greatly to be encouraged, since in the event of a success at appeal, the appeal court need not order a re-hearing.
    Regina -v- Alfreton Justices, Ex Parte Gratton; QBD 25-Nov-1993 - The appellant community charge payer (under 21) appealed after being committed to prison for non payment of the tax. The magistrates had come to the conclusion that they could not consider attaching the applicant’s liability to pay the charge to his income support as a viable alternative to prison.
    Regina -v- Dudley Magistrates Court, ex parte Power City Stores Limited and Another; CA 1990 - The defendant sought to recover the cost of employing leading counsel to defend him in the magistrates court after succeeding.
    Regina -v- Manchester Stipendiary Magistrate, ex parte Hill and others; HL 1993 - The House considered two aspects of the application of section 127 of the Magistrates Court Act; first was when an information was laid, and second was the power of delegation where a justice of the peace or the clerk did not personally receive or consider the information in question.
    Regina -v- Marylebone Magistrates Court ex parte Andrew Clingham; Admn 20-Feb-2001 - The council received a report by a housing trust about the behaviour of the defendant, then aged 16, who lived on an estate within the Borough, and after investigating applied for an anti-social behaviour order. Some witness statements contained first hand evidence, but the application was primarily based on hearsay evidence contained in records of complaints received by the trust and in police crime reports with from allegations of verbal abuse and serious criminal activities including assault, burglary, criminal damage and drug dealing dating from April 1998 to December 2000. Hearsay evidence was served under the 1999 rules. The defendant said the proceedings were criminal.
    Rex -v- Norfolk Justices and Another ex parte Director of Public Prosecutions; 1950 - 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.
Legislation:
    1361
    1889
    1897
    1972
      Local Government Act 1972 / 70 -|- Case law -|- See Also: Local Government, Licensing, Transport
      An Act to make provision with respect to local government and the functions of local authorities in England and Wales; to amend Part II of the Transport Act 1968; to confer rights of appeal in respect of decisions relating to licences under the Home Counties (Music and Dancing) Licensing Act 1926; to make further provision with respect to magistrates’ courts committees; to abolish certain inferior courts of record; and for connected purposes.
    1979
    1980
      Magistrates' Courts Act 1980 / 43 -|- Case law -|- See Also:, Criminal Practice
      An Act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates’ courts and the functions of justices’ clerks, and to matters connected therewith, with amendments to give effect to recommendations of the Law Commission.
    1994
      Police and Magistrates’ Courts Act 1994 / 29 -|- [url=http://lawindexpro.co.uk/cgi-bin/pubsrch.pl?&sta=Police+and+Magistrates’+Courts+Act+1994]Case law[/url] -|- See Also:, Police
      An Act to make provision about police areas, police forces and police authorities; to make provision for England and Wales about magistrates’ courts committees, justices’ clerks and administrative and financial arrangements for magistrates’ courts; and for connected purposes.
    1995
      Criminal Appeal Act 1995 / 35 -|- Case law -|- See Also: Criminal Practice
      An Act to amend provisions relating to appeals and references to the Court of Appeal in criminal cases; to establish a Criminal Cases Review Commission and confer functions on, and make other provision in relation to, the Commission; to amend section 142 of the Magistrates’ Courts Act 1980 and introduce in Northern Ireland provisions similar to those of that section; to amend section 133 of the Criminal Justice Act 1988; and for connected purposes.
    1998
      Magistrates' Courts (Procedure) Act 1998 / 15 -|- Case law -|- See Also:, Criminal Practice
      An Act to amend sections 12 and 13 of the Magistrates’ Courts Act 1980; to make further provision, in relation to certain criminal proceedings in magistrates’ courts, about the proof of previous convictions and orders; and for connected purposes.
    1999
      Access to Justice Act 1999 / 22 -|- Case law -|- See Also: Legal Aid, Legal Professions, Scotland
      An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals, courts, judges and court proceedings; to amend the law about magistrates and magistrates’ courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions.
    2003
      Courts Act 2003 / 39 -|- Explanatory Note -|- Case law -|- See Also:, Litigation Practice
      An Act to make provision about the courts and their procedure and practice; about judges and magistrates; about fines and the enforcement processes of the courts; about periodical payments of damages; and for connected purposes.

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