Queen’s Bench Divisional Court

Published August 22, 2007

Regina (Donnachie) v Cardiff Magistrates Court

A ruling on a preliminary issue on jurisdiction by a district judge was a final determination that could be challenged by case stated or by judicial review.

The Queen’s Bench Divisional Court (Lord Justice Sedley and Mr Justice Nelson) so held on July 27, 2007 when granting an application by Sharyn Donnachie for judicial review of two decisions of District Judge Charles, at Cardiff, determining first, that informations laid against her for offences under the Trade Descriptions Act 1968 were laid in time, and second, refusing to state a case for an opinion of the High Court on his preliminary ruling.

MR JUSTICE NELSON, giving the judgment of the court, accepting jurisdiction to hear the case, said that where the magistrate was acting not as an examining magistrate, but deciding a preliminary issue as to jurisdiction, his ruling upon that was final and could properly be challenged by way of case stated or judicial review.

Section 1(1)(a) and 1(1)(b) of the Trade Descriptions Act created two separate absolute liability offences. Section 1(1)(a) applied when an odometer was turned back and section 1(1)(b) applied when a vehicle was supplied or offered for supply with an altered odometer. An offence was committed under section 1(1)(a) when an odometer reading was altered.

The case was remitted to the district judge to determine in accordance with the declarations made.

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