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.

My Photo
Location: Near London, United Kingdom

The blog is written by a retired JP, with over 30 years' experience on the Bench.

Monday, February 14, 2011

Well, Well.

One of the areas in which magistrates still have wide discretion is in the matter of costs and compensation. I recently sat on a Crown Court appeal against sentence, and we decided to vary the fine and costs imposed in the lower court. The CPS counsel stood up and pointed Hizonner in the direction of a passage in Archbold that says that the Crown Court has no power to alter a costs order made below, so we were obliged to leave the figure at the level ordered by the sentencing magistrates.
I never knew that, and nor, for that matter, did the judge.