Correcting mistakes in the magistrates’ courts: To what extent has the Court of Appeal, in R (Williamson) v City of Westminster Magistrates Court [2012] Cr App R 24, clarified the application of the ‘power of the magistrates’ court to re-open cases to rectify mistakes etc’ under s.142 of the Magistrates Court Act 1980?

Singh, C. 2023. Correcting mistakes in the magistrates’ courts: To what extent has the Court of Appeal, in R (Williamson) v City of Westminster Magistrates Court [2012] Cr App R 24, clarified the application of the ‘power of the magistrates’ court to re-open cases to rectify mistakes etc’ under s.142 of the Magistrates Court Act 1980? New Law Journal. 8014, pp. 15-16.

TitleCorrecting mistakes in the magistrates’ courts: To what extent has the Court of Appeal, in R (Williamson) v City of Westminster Magistrates Court [2012] Cr App R 24, clarified the application of the ‘power of the magistrates’ court to re-open cases to rectify mistakes etc’ under s.142 of the Magistrates Court Act 1980?
TypeJournal article
AuthorsSingh, C.
Abstract

The decision of the Court of Appeal in R (on the application of Simon Williamson) v City of Westminster [2012] EWHC 1444 (Admin); R (Williamson) v City of Westminster Magistrates' Court [2012] Cr App R 24 (‘Williamson’) to define the application of s.142 of the Magistrates Court Act 1980 has had major implications for defendants’ seeking to reopen their cases following a guilty plea and sentencing. This article explores the Williamson decision in its attempt to rectify the ambiguity created by the drafting language of s.142 of the Magistrates Court Act 1980 (‘MCA’) and its practical effect on the application of the provision.

KeywordsCriminal Law
Guilty Plea
Sentencing
MCA 1980 S.142
Equivocal Plea
JournalNew Law Journal
Journal citation8014, pp. 15-16
ISSN0306-6479
Year2023
PublisherNew Law Journal
Publisher's version
File Access Level
Open (open metadata and files)
Web address (URL)https://www.newlawjournal.co.uk/docs/default-source/article_files/nlj_2023_24_feb_procedure_-_practice_appeals_singha1cc3a5f-b10b-4fd4-9849-789c1ec04351.pdf?sfvrsn=eefd7563_1
Publication dates
Published24 Feb 2023

Related outputs

Artificial Intelligence and Deep Learning: Considerations for Financial Institutions for Compliance with the Regulatory Burden in the United Kingdom
Singh, C. 2024. Artificial Intelligence and Deep Learning: Considerations for Financial Institutions for Compliance with the Regulatory Burden in the United Kingdom. Journal of Financial Crime. 31 (2), pp. 259-266. https://doi.org/10.1108/JFC-01-2023-0011

LawTech: Fit for the Future. Could Advances in LawTech Provide a Much Needed silver Bullet for the UKs Ailing Criminal Justice System?
Singh, C. 2023. LawTech: Fit for the Future. Could Advances in LawTech Provide a Much Needed silver Bullet for the UKs Ailing Criminal Justice System? New Law Journal. 173 (8083).

China’s Anti-Monopoly Law Amended to Adapt to its Booming Platform Economy
Singh, C., Lin, W., Zing, L. and Zhao, Z. 2023. China’s Anti-Monopoly Law Amended to Adapt to its Booming Platform Economy. Company Lawyer. 44 (5), pp. 172-173.

The Conundrum of Defining and Prosecuting Terrorism: A Review of United Kingdom and International Reponses
Singh, C. 2023. The Conundrum of Defining and Prosecuting Terrorism: A Review of United Kingdom and International Reponses. International Journal of Criminology and Sociology. 12, pp. 27-41. https://doi.org/10.6000/1929-4409.2023.12.03

European Cybersecurity Law in 2023: A Review of the Advances in the Network and Information Security 2 Directive 2022/2555
Singh, C. 2023. European Cybersecurity Law in 2023: A Review of the Advances in the Network and Information Security 2 Directive 2022/2555. Cyber Security: a Peer Reviewed Journal. 7 (1), pp. 82-92.

The European Approach to Cybersecurity in 2023: A Review of the Changes Brought in By the Network and Information Security 2 (NIS2) Directive 2022/2555
Singh, C. 2023. The European Approach to Cybersecurity in 2023: A Review of the Changes Brought in By the Network and Information Security 2 (NIS2) Directive 2022/2555. International Company and Commercial Law Review. 5, pp. 251-261.

Unlocking the Law of Evidence 4th ed.
Singh, C. 2022. Unlocking the Law of Evidence 4th ed. Routledge.

The Panoply of Challenges Facing International Criminal Justice: The United Kingdom’s Response to Defining and Responding to Terrorism
Singh, C. 2022. The Panoply of Challenges Facing International Criminal Justice: The United Kingdom’s Response to Defining and Responding to Terrorism. Global Jurist. 22 (2), pp. 307-349. https://doi.org/10.1515/gj-2021-0036

RegTech Compliance Tools for Charities in the United Kingdom: Can Machine Learning help lighten the Regulatory Burden?
Singh, C., Lin, W., Singh, S.P. and Ye, Z. 2022. RegTech Compliance Tools for Charities in the United Kingdom: Can Machine Learning help lighten the Regulatory Burden? Company Lawyer.

Can Machine Learning, as a RegTech Compliance Tool, lighten the Regulatory Burden for Charitable Organisations in the United Kingdom?
Singh, C., Zhao, L., Lin, W and Ye, Z 2022. Can Machine Learning, as a RegTech Compliance Tool, lighten the Regulatory Burden for Charitable Organisations in the United Kingdom? Journal of Financial Crime. 29 (1), pp. 45-61. https://doi.org/10.1108/JFC-06-2021-0131

Prosecuting terrorism: secret courts, evidence and special advocates. The panoply of challenges facing criminal justice, the United Kingdom perspective
Singh, C. 2021. Prosecuting terrorism: secret courts, evidence and special advocates. The panoply of challenges facing criminal justice, the United Kingdom perspective. Current Issues in Criminal Justice. 33 (3), pp. 382-408. https://doi.org/10.1080/10345329.2020.1850166

Reimagining the Role, Duties and Liabilities of Non-Executive Directors in 2020; 15 Years of the Companies Act 2006 and the Pathway to the UK Corporate Governance Code 2018. Part Two: The Most Current Approach
Singh, C., Lin, W and Ye, Z 2021. Reimagining the Role, Duties and Liabilities of Non-Executive Directors in 2020; 15 Years of the Companies Act 2006 and the Pathway to the UK Corporate Governance Code 2018. Part Two: The Most Current Approach. International Company and Commercial Law Review. 32 (2), pp. 89-103.

Reimagining the Role, Duties and Liabilities of Non-Executive Directors in 2020; 15 Years of the Companies Act 2006 and the Pathway to the UK Corporate Governance Code 2018. Part One: A Prelude to the Current Approach
Singh, C., Lin, W and Ye, Z 2021. Reimagining the Role, Duties and Liabilities of Non-Executive Directors in 2020; 15 Years of the Companies Act 2006 and the Pathway to the UK Corporate Governance Code 2018. Part One: A Prelude to the Current Approach. International Company and Commercial Law Review. 32 (1), pp. 20-36.

Can artificial intelligence, RegTech and CharityTech provide effective solutions for anti-money laundering and counter-terror financing initiatives in charitable fundraising
Singh, C. and Lin, W 2020. Can artificial intelligence, RegTech and CharityTech provide effective solutions for anti-money laundering and counter-terror financing initiatives in charitable fundraising. Journal of Money Laundering Control. 24 (3). https://doi.org/10.1108/JMLC-09-2020-0100

An Overview of Insider Dealing Law and Policy: A Chinese Perspective (Part Two).
Ye, Z, Lin, W and Singh, C. 2020. An Overview of Insider Dealing Law and Policy: A Chinese Perspective (Part Two). Company Lawyer.

An Overview of Insider Dealing Law and Policy: A Chinese Perspective (Part One).
Ye, Z, Lin, W and Singh, C. 2020. An Overview of Insider Dealing Law and Policy: A Chinese Perspective (Part One). Company Lawyer.

Controlling Insider Dealing Through Criminal Enforcement in China
Ye, Z, Lin, W., Safari, N. and Singh, C. 2020. Controlling Insider Dealing Through Criminal Enforcement in China. Journal of Financial Crime. 27 (4), pp. 1061-1073. https://doi.org/10.1108/JFC-05-2020-0089

Bumped Redundancy and the Range of Reasonable Responses: To what Extent, if any, should Employers Consider Bumping? Life after Mirab v Mentor Graphics Limited UKEAT/0172/17DA
Singh, C. 2019. Bumped Redundancy and the Range of Reasonable Responses: To what Extent, if any, should Employers Consider Bumping? Life after Mirab v Mentor Graphics Limited UKEAT/0172/17DA. Issues in Legal Scholarship . 17 (1) 20190007. https://doi.org/10.1515/ils-2019-0007

Eliciting Best Evidence from a Child Witness: A Comparative Study of the United Kingdom and India
Singh, C. 2019. Eliciting Best Evidence from a Child Witness: A Comparative Study of the United Kingdom and India. Issues in Legal Scholarship . 17 (1), p. 20190003 20190003. https://doi.org/10.1515/ils-2019-0003

Criminal Evidence: Evidencing Defences to Murder. R v Goodwin (Anthony Gerard) [2018] EWCA Crim 2287
Singh, C. 2018. Criminal Evidence: Evidencing Defences to Murder. R v Goodwin (Anthony Gerard) [2018] EWCA Crim 2287. International Commentary on Evidence . 15 (1) 20180005. https://doi.org/10.1515/ice-2018-0005

Evidence and Variation of Confiscation Orders: R v O'Flaherty (Carl Anthony) (Court of Appeal Criminal Division, 29th of October 2018)
Singh, C. 2018. Evidence and Variation of Confiscation Orders: R v O'Flaherty (Carl Anthony) (Court of Appeal Criminal Division, 29th of October 2018). International Commentary on Evidence . 15 (1), p. 20180004 20180004. https://doi.org/10.1515/ice-2018-0004

Disability Discrimination: Obesity and the Court of Justice of the European Union’s decision in Karsten Kaltoft v Billund Kommune Case C-354/13 ECJ
Singh, C. 2018. Disability Discrimination: Obesity and the Court of Justice of the European Union’s decision in Karsten Kaltoft v Billund Kommune Case C-354/13 ECJ. Issues in Legal Scholarship . 12 (1), pp. 1-11. https://doi.org/10.1515/ils-2016-0250

The Panoply of Challenges Facing Modern Identification Evidence and the Evidentiary Reliability of Coincidental Forensics
Singh, C. 2017. The Panoply of Challenges Facing Modern Identification Evidence and the Evidentiary Reliability of Coincidental Forensics.

Unlocking Evidence. 3rd edition
Singh, C. and Ramjohn, M. 2016. Unlocking Evidence. 3rd edition. Routledge.

Evidential Challenges Posed by the Panoply of Biometrics: Is Biometric Voice Identification made any more reliable by Cell Site Analysis?
Singh, C. 2016. Evidential Challenges Posed by the Panoply of Biometrics: Is Biometric Voice Identification made any more reliable by Cell Site Analysis? Transnational Law Conference and Research Workshop / Showcase . Charles Darwin University, Australia Mar 2016

Should Justice Beware? Are the Current Forms of Voice Identification Reliable Enough to be Admitted in the UK’s Criminal Courts as Prosecution Evidence?
Singh, C. 2015. Should Justice Beware? Are the Current Forms of Voice Identification Reliable Enough to be Admitted in the UK’s Criminal Courts as Prosecution Evidence? 5th International Conference on Evidence Law and Forensic Science. University of Adelaide, Australia Jul 2015

Quis custodiet ipsos custodes? Should Justice Beware: A Review of Voice Identification Evidence in Light of Advances in Biometric Voice Identification Technology
Singh, C. 2015. Quis custodiet ipsos custodes? Should Justice Beware: A Review of Voice Identification Evidence in Light of Advances in Biometric Voice Identification Technology. International Commentary on Evidence . 11 (1), p. 1–28. https://doi.org/10.1515/ice-2014-0009

Evidence Q&A
Singh, C. 2015. Evidence Q&A. Abingdon, Oxon Routledge.

Beginning Evidence
Singh, C. 2014. Beginning Evidence. Routledge.

Law Express Questions and Answers: Employment Law
Singh, C. 2013. Law Express Questions and Answers: Employment Law. Pearson.

Biography and the Educative
Singh, C. 2012. Biography and the Educative. PhD thesis University of Southampton Faculty of Social and Human Sciences

Permalink - https://westminsterresearch.westminster.ac.uk/item/w1227/correcting-mistakes-in-the-magistrates-courts-to-what-extent-has-the-court-of-appeal-in-r-williamson-v-city-of-westminster-magistrates-court-2012-cr-app-r-24-clarified-the-application-of-the-power-of


Share this

Usage statistics

98 total views
20 total downloads
These values cover views and downloads from WestminsterResearch and are for the period from September 2nd 2018, when this repository was created.