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The Magistrate's Blog (2005-2012)

This blog has migrated to www.magistratesblog.blogspot.co.uk This blog is anonymous, and Bystander's views are his and his alone. Where his views differ from the letter of the law, he will enforce the letter of the law because that is what he has sworn to do. If you think that you can identify a particular case from one of the posts you are wrong. Enough facts are changed to preserve the truth of the tale but to disguise its exact source.

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Location: Near London, United Kingdom

The blog is written by a team, who may or may not be JPs, but all of whom are interested in the Magistrates' Courts.

Tuesday, June 20, 2006

Case Stated

Most appeals from magistrates' courts are heard at the Crown Court, but where a point of law is involved the Divisional Court may hear an appeal by way of Case Stated. What this involves is the clerk and the bench involved preparing a summary of the court's conclusions and of its findings as to law.

I am currently involved in one such. The clerk drafted the Case and he and I then reviewed it. My colleagues on the case were consulted, and I certified that the Bench's view was correctly set out in the document.

The final paragraph reads:- (edited)

QUESTION

The question for the opinion of the High Court is:

1. Whether the justices were entitled to refuse an application by the prosecution to (change a part of their case)

Following our refusal of the application (based on consideration of two reported cases) the prosecution collapsed. We now await the judgement of Their Lordships, who will either uphold us or tell us that we got it wrong.

I look forward to finding out.

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