In this week’s Digest, the High Court held that the Magistrates’ Court possesses no power to extend the time limit to apply to state a case under s.111(2) of the Magistrates’ Court Act 1980; remitted a GMC case back to the MPT so the dishonesty test in Ivey v Genting could be applied; and observed that the uncertainty created by Brexit could be relevant to the Article 8 ECHR balancing exercise in extradition proceedings. The Court of Appeal (Civil Division) held that s.67(8) of the Regulation of Investigatory Powers Act 2000 operated to exclude the jurisdiction of the High Court.

 

Mishra v Colchester Magistrates Court [2017] EWHC 2869 (Admin)

The judgment, available here, was handed down by Lady Justice Sharp sitting in the Administrative Court on the 14.11.17

The Divisional Court held that the Magistrates’ Court does not have a discretion to extend the time to state a case for the opinion of the High Court after the time limit specified in s.111(2) of the Magistrates’ Courts Act 1980 has expired. Neither the Criminal nor the Civil Procedure Rules gave power to extend time. Further, it was not necessary to read down s.111(2) to ensure compliance with article 6 ECHR.

 

General Medical Council v Dr Kennedy Krishnan [2017] EWHC 2892 (Admin)

The judgment, available here, was handed down by HHJ Sycamore sitting in the Administrative Court on the 20.11.17.

This was an appeal by the GMC under s.40A of the Medical Act 1983 against the determination of the Medical Practitioners Tribunal that the respondent was not dishonest in his misconduct. The respondent’s case was remitted to the tribunal; the judge found himself unable to determine the issues on appeal since the tribunal had applied Ghosh instead of Ivey in determining the respondent’s dishonesty. The judge was unwilling to substitute his own judgment for that of the tribunal.

 

AB v Crown Prosecution Service [2017] EWHC 2963 (Admin)

The judgment, available here, was handed down on 24.11.17. Whipple J gave the lead judgment with which Irwin LJ agreed. 

The appellant appealed by way of case stated against his conviction for robbery contrary to s.8(1) of the Theft Act 1968. The main issue was whether the Magistrates should have acceded to the appellant’s submission of no case to answer. It was held that they should; applying the second limb of Galbraith, it was clear that there was no case on which jury properly directed could convict.

 

Kroslak v Slovakian Judicial Authority (2017), unreported

The judgment, which is currently unavailable, was handed down by William Davis J sitting in the Administrative Court on 15.11.17.

The appellant appealed against the decision of the District Judge ordering his extradition to the respondent state. It was the appellant’s position that as an EU citizen, he currently had right of residence in the UK but, if extradited, he would possibly lose that right after Brexit and this uncertainty would interfere with his article 8 ECHR right. The appeal was dismissed; there was no basis for believing that the uncertainty related to Brexit infringed the appellant’s article 8 ECHR rights.

 

R (on the application of Privacy International) v Investigatory Powers Tribunal [2017] EWCA Civ 1868

The judgment, available here, was handed down by Lord Justice Sales sitting in the Court of Appeal (Civil Division) on 23.11.17.

This was an appeal from the decision of the Divisional Court on a preliminary issue in judicial review proceedings brought against the respondent. The issue was whether s.67(8) of the Regulation of Investigatory Powers Act 2000 operated effectively to exclude the jurisdiction of the court over determinations of the respondent tribunal. The appeal was dismissed; s.67(8) was clear in its meaning and thus operated effectively as an ouster clause.

 

R v Endris Mohammed (Birmingham Crown Court 20.11.17)

The full sentencing remarks of Gilbart J are available here.

Mr Mohammed was sentenced to a minimum term of 33 years’ imprisonment for the murder of his two children and a term of 10 years to run concurrently for the attempted murder of his wife.

 

In The News

England and Wales police record highest number of violent sexual crimes in the EU

 

Regulator calls for better scrutiny of drugs testing

 

Assisted dying bill passes Victoria’s Upper House

 

No British judge on ICJ for first time in 71-year history

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