Wales and Cheshire Region Practice Direction

It should be normal practice for a Judge or Recorder, when allowing an appeal from a Magistrates' Court to state, in open court, the reasons for the decision.

The Court Clerk should note these reasons and confirm the accuracy of that note, which must confine itself to the reasons stated in open court, with the Judge or Recorder. The note should then be retained and, if a request for it is received, a copy should be forwarded to the Magistrates' Court.

Upon occasion, Judges or Recorders, after hearing an appeal, make observations in open court which go beyond the reasons for the decision, and which, in the opinion of the Court, should be brought to the notice of the Magistrates' Court. The Court Clerk should make a note of such observations and confirm its accuracy with the Judge or Recorder. The note should then be forwarded to the Circuit Administrator so that guidance of the Presiding Judge (or if he is not available, the appropriate Liaison Judge) may be sought before any communication is sent to the Magistrates' Court.

Where, in cases other than appeals, an observation is made in open court by a Judge or Recorder which he desires to bring to the attention of a Magistrates' Court, a relevant transcript should be obtained. The transcript should then be forwarded to the Circuit Administrator in order that it may be dealt with in the manner described in the previous paragraph of this direction.

This direction replaces guidance previously circulated in connection with the above.

The Hon Mr Justice Tasker Watkins
The Hon Mr Justice Phillip Wien

1 October 1979

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