Cooper v Wrexham Magistrates Court & Anor [2010] EWHC 2226 (Admin) (05 July 2010)

Cooper v Wrexham Magistrates Court & Anor [2010] EWHC 2226 (Admin) (05 July 2010)

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

Citation
[2010] EWHC 2226 (Admin)
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 / Final Judgment
Outcome
Application for judicial review allowed; conviction and associated orders quashed.
Legal Topics
Magistrates' Clerk's Role, Fair Trial, Decision Making Process, Practice Direction Compliance
Criminal Law Judicial Review Procedural Law Magistrates' Clerk's Role Fair Trial Decision Making Process Practice Direction Compliance

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Parties

Bobby Cooper

Appellant/defendant

Wrexham Magistrates Court

Respondent/claimant

The Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the involvement of the magistrates' clerk in the fact-finding process deprived the defendant of a fair trial
  2. 2 Whether the magistrates' decision was tainted by improper participation of the clerk

Ratio Decidendi

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

Court Disposition

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

Orders

  • Conviction quashed
  • Order for costs quashed