Page 135 - Magistrates Conference 2019

(1) Where notice of appeal has been given in accordance with section 240, the magistrate
shall within 21 days of the perfecting of that appeal draw up, sign and hand over to the clerk a

statement of his reasons for decision.

(2) For the purposes of this Act the record of proceedings need not include the statement of a

magistrate's reasons for decision if the magistrate has not complied with subsection (1); and
accordingly the Court of Appeal may proceed to hear the appeal in the absence of the

reasons.

(3) Where a magistrate (a) has not complied with subsection (1); or (b) resigns or retires, as
the case may be, without having complied with subsection (1), he may be summoned to

appear before the Court of Appeal; and the Court Appeal may give such directions as it

considers fit and he shall comply with the directions.

(4) The appellant and respondent shall be entitled upon application to the clerk or the
Registrar, as the case may be, to obtain a copy of any statement of reasons for decision that

the magistrate has provided.

In Lovell v Rayside Construction Limited Magisterial Appeal No.16 of 2004, the case against

the appellant involved complaint of refusal to carry out a lawful order and insolence, within
the context of employment law. The magistrate found that summary dismissal was justified in

the circumstances and provided only a brief oral ruling where he restated the facts and
provided a bare decision. The Court of Appeal allowed the appeal finding that it was

appropriate in the circumstances to review the evidence and concluded that the circumstances
of the case did not justify summary dismissal. Mason J.A highlighted the importance of the

common law and statutory duty to give reasons by the magistrate:

“… it would appear from the Flannery and English cases that one of two paths could be

followed where there is an appeal on the ground of absence of reasons. The appellate court
should first review the judgment, in the context of the material evidence and submissions at

the trial, in order to determine whether, when all of them are considered, it is apparent why

the judge reached the decision that he did. If satisfied that the reason is apparent and that it
is a valid basis for the judgment, the appeal will be dismissed. If despite this exercise the

reason for the decision is not apparent, then the appeal court will have to decide whether

Page 3 of 26