W v Warrington Magistrates Court

(Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400, Fax No: 020 7404 1424 Official Shorthand Writers to the Court)

Mr Michael Davies (instructed by Forshaws, Solicitors) for the Claimant Mr Andrew Green (instructed by Crown Prosecution Service, Warrington ) for the Interested Party Hearing date: 11 June 2009 ____________________

Mr Davies submitted that the judge's strong comment about W's evidence made impossible an impartial approach to his evidence in the second trial.

In reaching that conclusion, Devlin J stated that it would be a "very cumbersome procedure" if reconsideration was not possible. Mr Perry had also argued that the summary trial "may be attacked as a sham because it would have been launched solely for the purposes of satisfying the requirements of section 25".

Brooke LJ added that it was the kind of case "in which it is very much more appropriate for a professional sentencer, such as will be found in the Crown Court, to determine what the appropriate sentence should be". By the procedure followed in the present case, that criterion was satisfied.