Harrington, R (on the application of) v Bromley Magistrates Court

Harrington, R (on the application of) v Bromley Magistrates Court

The original magistrates' bench was entitled to retain jurisdiction and give the indication it did, and the claimant had a legitimate expectation that should be upheld. The district judge's decision to commit for sentence to the Crown Court was therefore quashed.

Parties
Claimant: Harrington; Defendant: Bromley Magistrates Court
Jurisdiction
England and Wales
Judgment Date
13 November 2007
Procedural Posture
Judicial Review / Judgment
Outcome
Claim for judicial review allowed; district judge's decision to commit for sentence to the Crown Court quashed.
Legal Topics
Legitimate Expectation, Committal for Sentence, Sentencing Powers, Costs Orders
Criminal Law Judicial Review Legitimate Expectation Committal for Sentence Sentencing Powers Costs Orders

Case Brief

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Parties

Harrington

Claimant

Bromley Magistrates Court

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the district judge's decision to commit the claimant for sentence to the Crown Court was lawful given the prior indication by the magistrates' court
  2. 2 Whether a legitimate expectation was created by the magistrates' indication
  3. 3 Whether the original decision of the magistrates was rational and lawful

Ratio Decidendi

The original magistrates' bench was entitled to retain jurisdiction and give the indication it did, and the claimant had a legitimate expectation that should be upheld. The district judge's decision to commit for sentence to the Crown Court was therefore quashed.

Court Disposition

Claim for judicial review allowed; district judge's decision to commit for sentence to the Crown Court quashed.

Orders

  • District judge's decision to commit for sentence to the Crown Court quashed.
  • Costs assessed at £3,500 plus VAT to be paid out of Central Funds under section 16 of the Prosecution of Offences Act 1985.