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In a judgment handed down this morning, Mr Justice Murray – sitting in the Administrative Court – quashed the decision of Portsmouth Magistrates’ Court to try and convict Mr David Justice of the charge of harassment in his absence and without any legal representation.
That decision was held to be an irrational exercise of the Magistrates’ Court’s power, under s.11 of the Magistrates’ Court Act 1980, to proceed to trial in the absence of the accused.
The learned Judge also held that, on the facts of this case, an appeal of the decision to the Crown Court was not a suitable alternative remedy to judicial review proceedings. The case is a rare judicial review of Magistrates’ Court decisions of this nature.
Khatija Hafesji was instructed by the charity Advocate, and represented Mr Justice pro bono.