Page 133 - Magistrates Conference 2019

BENCHBOOK FOR MAGISTRATES AND PARISH COURT JUDGES

CHAPTER 20

WRITING OF REASONS

A magistrate has a duty to give reasons for his decision where an appeal has been lodged in
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relation to that decision. This duty exists both at common law and in legislation.

The two main issues which arise in respect of magistrates’ reasons for decision are:
1. Where a magistrate has provided no reasons at all for his/her decision; and

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2. Where the reasons provided by the magistrate are inadequate.

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The Importance of reasons
• The duty to give reasons is a function of due process and justice. Firstly, in the
interest of fairness, the parties, especially the convicted party should know the reasons

for the decision that resulted in his conviction. This will enable him to determine
whether he has any available grounds of appeal. Secondly, the process of preparing

reasons concentrates the magistrate’s mind, resulting in a decision which is much

more likely to be sound based on the evidence.

• The delivery of reasoned decisions is inherent in the judge or magistrate’s role. It is
part of his or her accountability for the discharge of the responsibility of the office. In

its most general sense, the obligation to provide reasons for a decision is owed to the

public at large: R v Sheppard [2002] 1 S.C.R 869

• Failure to provide reasons can result in a large number of appeals based on the ground
of want of reasons or absence of reasons. Where no reasons are given it is difficult to

determine whether the magistrate was misguided or incorrect on the law or facts.

1 Aqui v Pooran Maharaj (1983) 34 WIR 282 at 289
2 Graham and another v Police and other cases (2010) 79 WIR 288 at 295
3 Flannery & Another V Halifax Estate Agencies Limited [2000] 1 All ER 373 at 377-378.
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