header-logo header-logo

24 February 2023 / Dr Charanjit Singh
Issue: 8014 / Categories: Features , Procedure & practice
printer mail-detail

Correcting mistakes in the magistrates’ courts

112061
To what extent has the Court of Appeal clarified the power of the magistrates’ court to reopen cases in order to rectify mistakes? Dr Charanjit Singh reports
  • Examines R (on the application of Simon Williamson) v City of Westminster, in which the Court of Appeal has sought to define the application of s 142 of the Magistrates Court Act 1980 (MCA 1980).
  • Presents a practical examination of case law and explores the implications for defendants’ seeking to reopen their cases following a guilty plea and sentencing.
  • Notes the current position of the law under s 142, MCA 1980.

Few would argue against the notion that some of the systemic safeguards designed to mitigate miscarriages of justice, prevent the abuse of due process, and assure that convictions of the guilty are beyond reasonable doubt (Woolmington v DPP [1935] AC 462) are some of the most important aspects of British criminal justice.

The decision of the Court of Appeal in R (on the application of Williamson)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll