Crown Prosecution Service, R (on the application of) v Smith [2016] EWHC 1751 (Admin) (18 May 2016)

Crown Prosecution Service, R (on the application of) v Smith [2016] EWHC 1751 (Admin) (18 May 2016)

The magistrates acted in breach of their statutory duty under section 9(2) of the Magistrates' Court Act 1980 by dismissing the case without hearing evidence or representations from the prosecution; such a decision is a nullity and must be remitted for trial.

Citation
[2016] EWHC 1751 (Admin)
Parties
Appellant: Crown Prosecution Service; Respondent: Smith
Jurisdiction
England and Wales
Judgment Date
18 May 2016
Procedural Posture
Judicial Review / Case Stated Appeal / Appeal From Magistrates' Court to High Court (administrative Court)
Outcome
appeal allowed
Legal Topics
Non Molestation Order, Breach of Order, Magistrates' Court Procedure, Case Stated, Section 9 Magistrates' Court Act 1980, Section 142 Magistrates' Court Act 1980
Criminal Law Family Law Procedural Law Non Molestation Order Breach of Order Magistrates' Court Procedure Case Stated Section 9 Magistrates' Court Act 1980 +1 more

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Parties

Crown Prosecution Service

Appellant

Smith

Respondent

Procedural Posture

Judicial Review / Case Stated Appeal / Appeal From Magistrates' Court to High Court (administrative Court)

Legal Issues

  1. 1 Whether magistrates were correct to dismiss proceedings without hearing prosecution evidence or representations
  2. 2 Whether section 142 of the Magistrates' Court Act 1980 allows rectification after dismissal in these circumstances

Ratio Decidendi

The magistrates acted in breach of their statutory duty under section 9(2) of the Magistrates' Court Act 1980 by dismissing the case without hearing evidence or representations from the prosecution; such a decision is a nullity and must be remitted for trial.

Court Disposition

appeal allowed

Orders

  • Case remitted to magistrates for trial of the information
  • Second question (on section 142) answered in the negative