Rectification of Mistakes in the Magistrates' Court
| Author | Alec Samuels |
| Date | 01 February 1985 |
| Published date | 01 February 1985 |
| DOI | 10.1177/002201838504900113 |
| Subject Matter | Article |
RECTIFICATION
OF
MISTAKES
IN
THE
MAGISTRATES'
COURT
Alec Samuels *
Magistrates have a useful statutory power to rectify mistakes, and
thus avoid the unnecessary appeal: Magistrates' Courts Act 1980,
s.142.
If
Dpleaded not guilty, and was convicted, or was tried in his
absence, and was convicted, if it subsequently appears to the court
that it would be in the interests of justice that the case should be
heard again by different magistrates, the court may so direct.
Perhaps a vital witness, who previously could not be found, has
unexpectedly turned up. Perhaps D has belatedly found the
document, e.g. certificate of insurance or driving licence or test
certificate, which completely exonerates him. Perhaps he can prove
that in fact he did send the required documents to the appropriate
authority and is not in breach of any statutory duty. Perhaps
somebody else has confessed to the crime, or even been convicted of
it. Perhaps D did not receive the papers and did not even know of
the trial in his absence (though he should not be tried inhis absence
unless the court is satisfied that in fact he has had notice of the
proceedings). Or perhaps he arrived late, after his case was heard,
but he was able to make a satisfactory explanation,e.g. his car broke
down, he was snowed up, and he could not reach a telephone.
If
Dpleaded guilty, then after the case has been concluded he
cannot seek to change his plea to not guilty and have a new trial.
However, he can apply to change his plea before conclusion of the
case: S. [1971] A.C. 481.
If
the case against D was dismissed, not guilty, then the
prosecution cannot seek to reopen that matter: R. v. Gravesend
Magistrates, ex parte Dexter [1977] Crim.L.R. 298. An acquittal is
final.
Asentence may have been imposed in error, e.g. there was no
power, the sentence exceeded that permitted by law, or perhaps
• J.P., Barrister, B.A. (Cantab.).
75
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