Crown Prosecution Service, R (on the application of) v Bolton Magistrates' Court, Court of Appeal - Administrative Court, October 31, 2003, [2003] EWHC 2697 (Admin),[2004] 1 WLR 835

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Crown Prosecution Service, R (on the application of) v Bolton Magistrates' Court, Court of Appeal - Administrative Court, October 31, 2003, [2003] EWHC 2697 (Admin),[2004] 1 WLR 835

SMITH BERNAL WORDWAVE

CO/3261/2003

Neutral Citation Number: [2003] EWHC 2697 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

DIVISIONAL COURT

Royal Courts of Justice

Strand

London WC2

Friday, 31st October 2003

B E F O R E:

LORD JUSTICE KENNEDY

MR JUSTICE ROYCE

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THE QUEEN ON THE APPLICATION OF THE CROWN PROSECUTION SERVICE

(CLAIMANT)

-v-

BOLTON MAGISTRATES' COURT

(DEFENDANT)

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Computer-Aided Transcript of the Stenograph Notes of

Smith Bernal Wordwave Limited

190 Fleet Street London EC4A 2AG

Tel No: 020 7404 1400 Fax No: 020 7831 8838

(Official Shorthand Writers to the Court)

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MR D PERRY & MR R MCCOUBREY (instructed by Crown Prosecution Service (Greater Manchester)) appeared on behalf of the CLAIMANT

The Defendant did not appear and was not represented

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J U D G M E N T1. LORD JUSTICE KENNEDY: This is an application for judicial review of two decisions of justices sitting at the Bolton Magistrates' Court on 6th June 2003. On that day they were concerned with proceedings under paragraph 4 of schedule 3 to the Crime and Disorder Act 1988. At the end of the hearing last Tuesday we indicated that we would grant leave to amend the application for judicial review, so as to seek two declarations, and that we would make the declarations sought. We now give our reasons for that decision.

2. Section 51 of the Crime and Disorder Act 1998 abolished committal proceedings in relation to offences triable only on indictment, and schedule 3 to the A...

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