Clarke, R (on the application of) v Birmingham Magistrates Court

For the purpose of determining whether an appeal lies under section 18(1)(a) of the Supreme Court Act 1981, the relevant question is whether the judgment under review was given in a criminal cause or matter. The character of the proceedings is determined by the order being challenged. The fact that the Divisional Court had jurisdiction to review a magistrates’ decision does not confer jurisdiction on the Court of Appeal (Civil Division) to hear an appeal concerning a criminal cause or matter. Such an appeal lies only to the House of Lords.

The applicant sought judicial review of a decision of Birmingham Magistrates’ Court following his arrest on warrants for non-payment of fines imposed for motoring offences. He asked the magistrates to order retrials of charges which he said he had not committed. The magistrates refused and adjourned the enforcement proceedings.

Permission to apply for judicial review was refused by Sir Oliver Popplewell and, on renewal, by the Divisional Court on 22 May 2002. The applicant sought to appeal that decision. The issue was whether the Court of Appeal (Civil Division) had jurisdiction to hear an appeal from the Divisional Court in a matter concerning enforcement of criminal fines.

1. The proposed appeal was dismissed or, more precisely, could not proceed because the Court of Appeal (Civil Division) had no jurisdiction to hear it.
2. Under section 18(1)(a) of the Supreme Court Act 1981, the relevant question is whether the judgment under review was given in a criminal cause or matter. Following Carr v Atkins [1987] 1 QB 963, the order under review must be examined.
3. The order in question concerned the Birmingham Magistrates’ Court’s refusal to order retrials of criminal charges and its adjournment of proceedings to enforce fines imposed for motoring offences. It was therefore a decision in a criminal cause or matter.
4. The applicant’s submission that a criminal cause or matter must originate in the Crown Court or High Court was rejected. Magistrates’ courts routinely determine criminal cases, including motoring offences. Their decisions may in appropriate circumstances be reviewed by the Divisional Court, but an appeal from the Divisional Court in a criminal cause or matter lies only to the House of Lords.
5. Master Venne had correctly concluded that the Court of Appeal (Civil Division) lacked jurisdiction. On reconsideration, that conclusion was confirmed.

• Divisional Court: Permission to apply for judicial review was refused on renewal on 22 May 2002.
• Court of Appeal (Civil Division): The proposed appeal was rejected for want of jurisdiction and Master Venne’s decision was confirmed.