Category: magistrates

Ealing comedy. Getting statutory nuisance very wrong – Nearly Legal

Posted December 16th, 2024 in local government, magistrates, news, nuisance, prosecutions by tracey

‘Ferko v Ealing Magistrates Court & Ors (2024) EWHC 2592 (Admin). This was an appeal by case stated to the High Court from a decision of Ealing Magistrates Court on a statutory nuisance/section 82 Environmental Protection Act 1990 prosecution. It is also a remarkable illustration of just how wrong the Magistrates can get such a prosecution, as well as being a helpful primer to constituent elements of an EPA prosecution case.’

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Nearly Legal, 15th December 2024

Source: nearlylegal.co.uk

Courts reform to see quicker justice for victims and keeps streets safe – Ministry of Justice

Posted December 16th, 2024 in criminal justice, Crown Court, delay, juries, magistrates, Ministry of Justice, news, statistics, victims by tracey

‘Victims of crimes will see the perpetrators face justice more quickly under a once-in-a-generation review of criminal courts, the Lord Chancellor announced today (12 December).’

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Ministry of Justice, 12th December 2024

Source: www.gov.uk

Right to jury trial under threat as Leveson asked to carry out ‘once in generation’ review of courts – The Independent

Posted December 12th, 2024 in criminal justice, Crown Court, delay, magistrates, news, sentencing by sally

‘Sir Brian Leveson is to lead a “once in a generation” review of the courts system in England and Wales to deal with the spiralling backlog of cases.’

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The Independent, 12th December 2024

Source: www.independent.co.uk

Magistrate’s letter on ‘the acceptability of absent fathers’ leads to formal advice – Law Society’s Gazette

Posted December 3rd, 2024 in bias, complaints, disciplinary procedures, family courts, magistrates, news, parental responsibility, professional conduct by tracey

‘A magistrate who remarked on the “relentless rise in the acceptability of” absent fathers has been issued with formal advice.’

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Law Society's Gazette, 2nd December 2024

Source: www.lawgazette.co.uk

Surrey magistrates’ ‘standard practice’ declared unlawful by the High Court – Law Society’s Gazette

Posted November 7th, 2024 in benefits, compensation, costs, fraud, magistrates, news by tracey

‘Magistrates who made a “clearly irrational” order for a gas engineer to pay £22,000 within 28 days were following a “standard practice” which was unlawful, the High Court has ruled.’

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Law Society's Gazette, 6th November 2024

Source: www.lawgazette.co.uk

Ministers to give magistrates in England and Wales more sentencing powers – The Guardian

Posted October 17th, 2024 in courts, criminal justice, Crown Court, delay, magistrates, Ministry of Justice, news, prisons, sentencing, statistics by sally

‘Ministers will announce plans within days to give magistrates in England and Wales fresh powers to hand down longer custodial sentences to help reduce the backlog in crown courts and prisons, the Guardian understands.’

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The Guardian, 17th October 2024

Source: www.theguardian.com

Argument with neighbour over dog leads to formal warning for magistrate – Law Society’s Gazette

Posted October 2nd, 2024 in disciplinary procedures, dogs, magistrates, news, professional conduct by tracey

‘A magistrate who referred to her position on the bench when telling her neighbour their dog could be destroyed during a “heated dispute” has been issued with a formal warning for misusing her judicial status.’

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Law Society's Gazette, 1st October 2024

Source: www.lawgazette.co.uk

Keep out! When justice cannot be seen to be done, how do we know it’s been done? – Transparency Project

Posted September 25th, 2024 in closed material, families, family courts, magistrates, media, news, pilot schemes, reporting restrictions by sally

‘Magistrates’ courts conducting family justice are now part of the Family Court, established in 2014, and subject to the same rules as those presided over by district, circuit and High Court judges. Under those rules, accredited media reporters and ‘legal bloggers’ (see below) are entitled to attend hearings even if they take place in private, though they can’t report anything without the court’s permission.’

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Transparency Project, 24th September 2024

Source: transparencyproject.org.uk

Magistrates could give longer sentences under new proposals – BBC News

Posted September 17th, 2024 in criminal justice, Crown Court, delay, early release, magistrates, news, prisons, sentencing by tracey

‘Magistrates in England and Wales could be given powers to hand down longer custodial sentences under proposals to help reduce the backlog in crown courts and prisons.’

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BBC News, 16th September 2024

Source: www.bbc.co.uk

Failure to serve – Local Government Lawyer

Posted June 18th, 2024 in enforcement notices, magistrates, news, service by tracey

‘A recent High Court case illustrates the breadth of the points which can be raised before the Magistrates if the defendant is not served with an enforcement notice, writes Roderick Morton.’

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Local Government Lawyer, 14th June 2024

Source: www.localgovernmentlawyer.co.uk

Magistrates’ court rejects appeal over revocation of private hire licence – Local Government Lawyer

Posted June 14th, 2024 in appeals, licensing, local government, magistrates, news, taxis by sally

‘East Cambridgeshire District Council has successfully defended a driver’s appeal over the revocation of a private hire and hackney carriage licence.’

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Local Government Lawyer, 14th June 2024

Source: www.localgovernmentlawyer.co.uk

Remand decision-making: Justice report reveals disparities in outcome for non-white defendants – Law Society’s Gazette

Posted November 10th, 2023 in bail, codes of practice, imprisonment, magistrates, news, prisons, remand, statistics by tracey

‘Magistrates are regularly not following the law when jailing people awaiting trial, according to a report being published by legal thinktank Justice today.’

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Law Society's Gazette, 9th November 2023

Source: www.lawgazette.co.uk

Magistrates in England not following law on remand decisions, charity finds – The Guardian

Posted November 9th, 2023 in bail, charities, imprisonment, magistrates, Ministry of Justice, news, prisons, remand, statistics by sally

‘Magistrates are not following the law when sending thousands of people to jail on remand, exacerbating the prison overcrowding crisis in England, a report suggests.’

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The Guardian, 9th November 2023

Source: www.theguardian.com

R v Clark [2023] EWCA Crim 309: a mere administrative error or an invalid committal? – Guildhall Chambers

Posted October 19th, 2023 in assault, chambers articles, committals, criminal procedure, magistrates, news by sally

‘This case found its way to the Court of Appeal by way of an appeal against sentence. Before considering that sentence, the Court had to resolve a question raised by the Registrar of Criminal Appeals about the lawfulness of the sentence passed in the Crown Court because of procedural errors at the first hearing in the magistrates’ court.’

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Guildhall Chambers, 8th September 2023

Source: www.guildhallchambers.co.uk

Guide to Judicial Conduct – Revised July 2023 – Courts and Tribunals Judiciary

Posted July 27th, 2023 in coroners, judiciary, magistrates, news, professional conduct, tribunals by sally

‘This Guide is intended to assist judges, tribunal members, coroners and magistrates, in relation to their conduct.’

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Courts and Tribunals Judiciary, 27th July 2023

Source: www.judiciary.uk

Family Division judge issues ruling on naming of magistrates and legal adviser – Local Government Lawyer

Posted July 27th, 2023 in anonymity, children, magistrates, media, murder, news, reporting restrictions by sally

‘The High Court has ruled that magistrates and a legal adviser involved in decisions on the care of a murdered child, Finley Boden, can be named by the media.’

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Local Government Lawyer, 27th July 2023

Source: www.localgovernmentlawyer.co.uk

Most magistrates courts in England and Wales have accessibility failings – The Guardian

Posted June 19th, 2023 in courts, disability discrimination, disabled persons, equality, magistrates, news by sally

‘Three-quarters of magistrates courts in England and Wales are inadequately accessible for people with disabilities, with a lack of ramps, inaccessible toilets and non-functioning hearing loops all featuring as failings.’

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The Guardian, 19th June 2023

Source: www.theguardian.com

Why The Magistrates Courts Aren’t Working – Each Other

Posted May 23rd, 2023 in courts, criminal justice, diversity, magistrates, news by sally

‘In 2022, the Criminal Bar Association voted to undertake industrial action, bringing the dire state of much of the criminal justice system into the public eye. Following successive cuts by the government, among the issues were unusable court buildings, including broken toilets, leaking ceilings and malfunctioning heating systems, and the dismal remuneration received by barristers – barristers who are tasked with working on the most serious cases across the Crown Courts.’

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Each Other, 19th May 2023

Source: eachother.org.uk

Entering properties to fit a prepayment meter – what test should the Magistrates apply when granting a warrant? – No. 5 Chambers

Posted April 14th, 2023 in chambers articles, energy, magistrates, news, warrants by sally

‘Under the legislation there is no automatic right for an affected party to apply to the magistrates to apply to stay or adjourn the execution of the warrant.’

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No. 5 Chambers, 29th March 2023

Source: www.no5.com

Magistrates’ sentencing powers scaled back – Law Society’s Gazette

Posted March 13th, 2023 in Crown Court, delay, magistrates, Ministry of Justice, news, sentencing by tracey

‘Magistrates have had controversial powers that enabled them to sentence people for up to a year in prison taken away from them – but they could be restored, the government has said.’

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Law Society's Gazette, 10th March 2023

Source: www.lawgazette.co.uk