Royal Borough of Windsor and Maidenhead, R (on the application of) v The East Berkshire Justices

Royal Borough of Windsor and Maidenhead, R (on the application of) v The East Berkshire Justices

A grapefruit knife is a cutting instrument with a sharpened longitudinal edge fixed in a handle and therefore falls within the definition of 'knife' under section 141A(2) of the Criminal Justice Act 1988.

Source-derived case information.

Parties
Claimant: Royal Borough of Windsor and Maidenhead; Defendant: East Berkshire Justices; Interested Party: W J Daniel and Company Limited
Jurisdiction
England and Wales
Judgment Date
21 October 2010
Procedural Posture
Judicial Review / Judgment
Outcome
judicial review claim succeeds; magistrates' decision quashed; case remitted for further hearing
Legal Topics
Definition of Knife, Sale of Knives to Minors, Judicial Review of Magistrates' Decisions
Criminal Law Administrative Law Definition of Knife Sale of Knives to Minors Judicial Review of Magistrates' Decisions

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Royal Borough of Windsor and Maidenhead

Claimant

East Berkshire Justices

Defendant

W J Daniel and Company Limited

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether a grapefruit knife is a 'knife' within section 141A of the Criminal Justice Act 1988 as amended
  2. 2 Appropriateness of judicial review as procedural route

Ratio Decidendi

A grapefruit knife is a cutting instrument with a sharpened longitudinal edge fixed in a handle and therefore falls within the definition of 'knife' under section 141A(2) of the Criminal Justice Act 1988.

Court Disposition

judicial review claim succeeds; magistrates' decision quashed; case remitted for further hearing

Orders

  • Magistrates' decision that the grapefruit knife was not a knife is quashed.
  • Case remitted to magistrates to continue hearing.