CiteTEXT
...Crown Copyright ©1. LORD JUSTICE ROSE: The appellant appeals by way of case stated against the decision of District Judge Kathryn Marshall sitting at Staines Magistrates' Court on...statement should be read in conjunction with Professor Makin's statement of 14th November 2002 and relates to defendants currently being tried at Staines Magistrates' Court. I adopt that report and am in...(unreported) 10th May 2000, in relation to special measures directions, and R v Bingham Magistrates' Court [1987] Crim LR 771, in the course of which it was...
...North Surrey Justices sitting at Staines Magistrates Court on 24th January 2001 to stay proceedings against the respondent defendant, for an offence of assault occasioning actual bodily harm, contrary...Crown Copyright ©1. LORD JUSTICE ROSE: There is before the court an appeal by way of case stated by the Director of Public Prosecutions. He challenges a decision of the...Staines police seeking a copy of the taped interview and a copy of the custody record. It is accepted before us that the respondent was entitled to a copy of the custody record and the ultimate refusal...
...with the offence of failing to provide a specimen of breath and she was convicted of that offence on 7th November 2005 by the Staines Magistrates' Court. 9. The submissions are made to...breach of section 58. 16. There was no evidence before the Magistrates' Court nor before His Honour Judge Addison and the Justices of any factors which could have caused delay by the...considered those submissions. It seems to me that it can be argued, as was conceded in the Magistrates' Court, that the failure to make a call when first requested does amount to a breach of section 58...
.... 27. This is reinforced by R (Barons Pub Co. Ltd) v Staines Magistrates' Court and Runnymede BC v DPP... 1. This is an appeal by case stated against the decision of District Judge Greenfield at Westminster Magistrates Court on 14 May 2014, convicting the Appellant of an...to prove "that his conduct was reasonable." It was argued for the defendant before the Crown Court, on appeal from the Magistrates, that, having regard to Article 10 ECHR, prosecution was a...
...Introduction 1. This is an appeal by way of case stated from the decision of the North Surrey Justices, sitting at Staines Magistrates' Court, when on 20 September 2010...prosecution on 12 May 2010. A requisition (formerly a summons) was sent that day requiring the appellant to appear before the Magistrates' Court on 17 June 2010. The appellant was charged under...pay costs of 500. The case stated 6. On 26 November 2011, the Magistrates stated a case for the opinion of this court. In the case stated they asked four questions...
...MR JUSTICE FULFORD:1. This appeal is brought by way of case stated against the appellant's conviction by lay justices sitting at the Staines Magistrates' Court on 3...The Queen on the Application of Seroka v Redhill Magistrates' Court [2012] EWHC 3827 (Admin) that if a distance measurement is undertaken to check a device is functioni...September 2012 for an offence of exceeding the 50mph speed limit on the A30 Egham by-pass on 8 March 2012. It is to be observed at the outset that when the proceedings were first before the court for...
...prosecute are ordinarily for the prosecutor is an important one (see for example R (Barons Pub Ltd) v Staines Magistrates' Court [2013] EWHC 898 Admin...adduce fresh evidence and for an extension of time of some eight years. On 9 April 2014, the applicant was convicted, following trial in Cardiff Crown Court before HHJ Richards and a jury, of conspiring to.... She was sentenced to two years' immediate imprisonment. 3. The matter has a complex factual and procedural history. The renewed application came first before the Court on 14 March 2023...
...whether Surjit was a de facto director of MSD. The liquidator relies on a finding by the Staines Magistrates' Court in forfeiture proceedings involving MSD and Mohinder in October 2006 (to which Surjit...facto directorship. 97. The leading authorities which, as I have said, postdate the decision of the Staines Magistrates' Court, are the decisions of the Supreme Court in the case of...of the Staines Magistrates' Court were made many years before the events in question. Since then, in April 2010, Surjit had ceased to hold a remunerated position in MSD, and he had worked for Dale. In...
...Crown Copyright ©1. LORD JUSTICE LATHAM: This is an appeal by way of case stated from a decision of District Judge Marshall, sitting at Staines Magistrates' Court. The...presence of preservative in the phial into which the sample was placed by the police in the absence of the defence raising it in issue evidentially. The defence merely put before the court speculation on...his body in quantities which exceeded the prescribed limit. That cannot be established to the satisfaction of a court if there is any doubt about the reliability of the analysis of the sample which is...
...R (Barons Pub) v Staines Magistrates Court [2013] EWHC 898 (Admin). Where the family has had little contact with the deceased the position will be...INQUIRIES(1) Appointment of Designated Judge4. Given the unprecedented nature of the task, we suggested that a judge of the High Court be appointed a Designated Judge primarily to...the decision, unless that time limit is extended by the court within 14 days. This is what is stipulated in section 38(2) of the Inquiries Act 2005 (the 2005 Act); given the delays that have already...
...), R (on the application of Barons Pub Co Ltd) v Staines Magistrates' Court [2013] EWHC 898...at that time face any indecent image charges. However after the conclusion of the first trial, the Crown commenced proceedings against them in the Magistrates Court based on the evidence recovered on..., unless there is misconduct or oppression of the type explained in R v Horseferry Road Magistrates' Court, ex p. Bennett [1994] 1 AC 42. We...
...to procure the individual's removal to the United Kingdom. (R v Staines Magistrates' Court ex parte Westfallen [1998] 1 WLR 652...House of Lords was concerned with the deliberate breaking of the law and the abuse of power. This emerges from R v Staines Magistrates' Court ex parte...v Horseferry Road Magistrates' Court, ex parte Bennett [1994] 1 AC 42. Ex p Bennett was a case where...
...[2012] EWCA Crim 434 and in particular the observations of Lord Judge CJ at paragraphs 79 to 87. See also R (Barons Pub Company Limited) v Staines Magistrates' Court & Ot...Introduction1. This is an application referred to the Full Court by the Registrar for an extension of time and for leave to appeal against conviction and sentence. We...grant these applications and deal with this matter as an appeal. 2. On 18th July 2011 in the Crown Court at Northampton the appellant pleaded guilty on re-arraignment to inflicting...
...out of the month that has not been initialled as I would do as this would have also been checked by the clerk of the court. I have also noticed that the information says Staines Magistrates Court. Again...on the information. However, the date on the information was not in her handwriting and she would not have signed it because it bore the name of Staines Magistrates Court, whereas she sat at Uxbridge...reference to Staines Magistrates' Court on the last page of the Information, just below the signature and above the date. In his witness statement Mr Broad has explained that he used a template to...
...bodies. 24. This analysis is also supported by R (Barons Pub Co Ltd) v Staines Magistrates Court [2013] EWHC 898...Introduction and factual background 1. Following a trial before Her Honour Judge Brandon and a jury in the Crown Court at Liverpool, on 20 August 2019 the appellant...serious breach of the health and safety regulations which it was in the public interest to prosecute. That being so, it was not for the Court to intervene in that decision, unless the prosecution...
...abuse of process. This is consistent with the approach identified in R (on the application of Barons Pub Company Limited) v Staines Magistrates' Court [2013...] EWHC 898 (Admin) where the court stated (at [36]): "In our view the Magistrates' Courts have no power of review of a prosecutorial decision other than through an abuse..., unless there is some reason why it cannot be so made. The only way in which it can be made in Magistrates' Court proceedings is by an abuse of process application. That in itself is an exceptional...
...critical generic issues in the present case is whether Surjit was a de facto director of MSD. The liquidator relies on a finding by the Staines Magistrates' Court in forfeiture proceedings involving MSD...to me whatsoever in determining the issue of de facto directorship. 97. The leading authorities which, as I have said, postdate the decision of the Staines Magistrates' Court, are the...responsibility upon him, and that he had used his position to misuse MSD's assets. 107. Mr Cousins points out that the findings of the Staines Magistrates' Court were made many years before...
...District Judge Cooper ("the Judge") at Staines Magistrates' Court in October 2021, and a subsequent decision made by the Judge as to costs. After a trial lasting 3 days, the Judge found that Mr Trotman was...prosecution. Mr Trotman gave evidence at the Magistrates' Court, as did a number of witnesses for the Environment Agency. The Judge found Mr Trotman guilty on each of the four charges, and handed down...: "(1) Where— (a) any person is convicted of an offence before a magistrates' court; (b) the Crown Court dismisses an appeal...
...1. This is an appeal brought by Mr Alistair Trotman by way of case stated relating to a judgment handed down by District Judge Cooper ("the Judge") at Staines Magistrates' Court in...Magistrates' Court, as did a number of witnesses for the Environment Agency. The Judge found Mr Trotman guilty on each of the four charges, and handed down a written judgment. At a subsequent sentencing...magistrates' court;(b) the Crown Court dismisses an appeal against such a conviction or against the sentence imposed on that conviction; or(c) any person is...
...at Staines Magistrates' Court of failing to obey the Stop Notice by permitting prohibited activities to continue on the land in the period between 6 June 2017 and 6 January 2018. The...decision under appeal9. Mr Lee appealed against his conviction to the Crown Court sitting at Guildford. The appeal was by way of re-hearing. It was heard by Ms Recorder Sarah Whitehouse...in the judgment of the Crown Court. 11. The Crown Court dismissed the appeal and upheld the conviction. It found that the Council had proved that the Stop Notice was breached in...