R (on the application of Bahbahani) v Ealing Magistrates' Court

Magistrates – Jurisdiction. The relevant caselaw established that Parliament had to be taken to have intended that compliance with the requirements set out in ss 17A and 20 of the Magistrates' Court Act 1980 was a precondition of a magistrates' court having jurisdiction to try an either-way offence, at least in the absence of clear evidence that the accused was himself a party to deliberate misleading of the court as to the identity of the person appearing before it. Accordingly, the Administrative Court allowed the claimant's application for judicial review of his convictions for failure to comply with enforcement notices in relation to breaches of planning control in circumstances where the claimant had been impersonated by his agent.

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