Macmillan, R (on the application of) v Grays Magistrates' Court
It was open to the deputy district judge to conclude that the defendant was not at real risk of a custodial sentence, given his age, lack of significant previous convictions, and the statutory initiatives to keep young offenders out of custody. Therefore, refusal to grant a representation order was lawful.
- Parties
- Claimant: The Queen on the application of Sonn MacMillan; Defendant: Grays Magistrates' Court
- Jurisdiction
- England and Wales
- Judgment Date
- 28 April 2006
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Legal Aid, Representation Orders, Interests of Justice, Custodial Sentences
Case Brief
Summary, issues, holding and outcome
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Parties
The Queen on the application of Sonn MacMillan
Claimant
Grays Magistrates' Court
Defendant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the refusal to grant a representation order to the defendant was lawful under the Access to Justice Act 1999, Schedule 3, paragraph 5(2)(a)
Ratio Decidendi
It was open to the deputy district judge to conclude that the defendant was not at real risk of a custodial sentence, given his age, lack of significant previous convictions, and the statutory initiatives to keep young offenders out of custody. Therefore, refusal to grant a representation order was lawful.
Court Disposition
Claim dismissed
Full Case Text
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