Cooper v Wrexham Magistrates Court & Anor

Cooper v Wrexham Magistrates Court & Anor

The involvement of the magistrates' clerk in the fact-finding process, and the subsequent change of decision by the magistrates outside open court, deprived the appellant of the appearance and reality of a fair trial. The conviction and associated orders must be quashed.

Parties
Appellant/defendant: Bobby Cooper; Respondent/claimant: Wrexham Magistrates Court; Interested Party: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
05 July 2010
Procedural Posture
Judicial Review / Judgment After Hearing
Outcome
Application for judicial review allowed; conviction and associated orders quashed.
Legal Topics
Fair Trial, Role of Magistrates' Clerk, Decision Making Process, Quashing of Conviction
Criminal Law Judicial Review Administrative Law Fair Trial Role of Magistrates' Clerk Decision Making Process Quashing of Conviction

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Parties

Bobby Cooper

Appellant/defendant

Wrexham Magistrates Court

Respondent/claimant

The Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Judgment After Hearing

Legal Issues

  1. 1 Whether the involvement of the magistrates' clerk in the fact-finding process deprived the appellant of a fair trial
  2. 2 Whether the clerk's conduct gave the appearance of unfairness or actual unfairness in the trial process

Ratio Decidendi

The involvement of the magistrates' clerk in the fact-finding process, and the subsequent change of decision by the magistrates outside open court, deprived the appellant of the appearance and reality of a fair trial. The conviction and associated orders must be quashed.

Court Disposition

Application for judicial review allowed; conviction and associated orders quashed.

Orders

  • Decision of the magistrates quashed.
  • Order for costs quashed; any costs paid to be repaid to the appellant.