Robertson, R (on the application of) v South Western Magistrates' Court

Robertson, R (on the application of) v South Western Magistrates' Court

The District Judge was wrong in principle to refuse to state a case as frivolous on the issues of self-incrimination, urine specimen procedure, and device approval. The application raised arguable points of law and fact that required further findings and judicial consideration. Mandamus should issue to compel the District Judge to state a case on specified questions.

Parties
Claimant: Eric Robertson; Defendant: South Western Magistrates' Court; Interested Party: CPS Kingston Branch (Interested Party)
Jurisdiction
England and Wales
Judgment Date
15 January 2003
Procedural Posture
Judicial Review / Judgment on Application for Mandamus to Compel Magistrates to State a Case
Outcome
Application allowed. Mandamus granted.
Legal Topics
Driving With Excess Alcohol, Self Incrimination, Judicial Review, Mandamus, Road Traffic Act Procedures
Criminal Law Administrative Law Driving With Excess Alcohol Self Incrimination Judicial Review Mandamus Road Traffic Act Procedures

Case Brief

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Parties

Eric Robertson

Claimant

South Western Magistrates' Court

Defendant

CPS Kingston Branch (Interested Party)

Interested Party

Procedural Posture

Judicial Review / Judgment on Application for Mandamus to Compel Magistrates to State a Case

Legal Issues

  1. 1 Whether refusal to state a case was frivolous under Magistrates' Courts Act 1980 s.111
  2. 2 Whether claimant's statement was inadmissible as self-incrimination under ECHR Article 6
  3. 3 Whether correct procedure for urine specimen under Road Traffic Act 1988 was followed

Ratio Decidendi

The District Judge was wrong in principle to refuse to state a case as frivolous on the issues of self-incrimination, urine specimen procedure, and device approval. The application raised arguable points of law and fact that required further findings and judicial consideration. Mandamus should issue to compel the District Judge to state a case on specified questions.

Court Disposition

Application allowed. Mandamus granted.

Orders

  • Order of mandamus directing the District Judge to state a case on four specified questions relating to self-incrimination, urine specimen procedure, and device approval.
  • Suspension of claimant's driving disqualification continued until hearing of the special case.