GRIMSBY AND CLEETHORPES

Application to start a prosecution

(s1 Magistrates Courts Act 1980)

MAGISTRATES COURT
(Code 1940)

Listed: 26 April 2016

Xxxx Yyyyy
Prosecution
v
Humberside Police
Defendant

EXHIBIT 13
Original letter to Administrative Court

Administrative Court Office at Leeds

Leeds Combined Court
1 Oxford Row
Leeds
West Yorkshire
LS1 3BG

Your ref: CO/7281/2013

Xx Yyyyyy Xxxx
Grimsby
North East Lincolnshire

20 November 2013

Dear Sir/Madam
Re: The Queen on the application of XYXY XYXYXYX v GRIMSBY MAGISTRATES COURT
I'm asked to advise the court whether I will be withdrawing this judicial review claim as it deems
there to be no longer a need for further action on the part of the High Court.
Representations have been made upon the draft case though I've neither entered into a
recognizance nor since been asked to. The purpose of the judicial review claim was, I believed, to
mandate the Justices to state the case without being subject to terms of a recognizance.
I had viewed that agreeing such terms would pose risks, potentially greater than subjecting myself
to forfeiture of the proposed sum if, for example, to avoid a penalty the appeal was prosecuted
knowing that the stated case omitted the points in law I was questioning. In terms of successfully
appealing the decision I would be disadvantaged from the outset and disproportionately exposed
to the financial risks of incurring costs. It could be argued that in these circumstances, requiring
recognizance would either be denying my access to justice or unduly burdening me financially, as
presently I'm in receipt of no income.
Although the claim prompted service of the draft case, it still remains that delivery of the final
signed case has, in accordance with CrimPR Part 64, rule 64.3(7), overrun by approximately two
months. Presumably then, the agreement detailed in the acknowledgement of service was only to
serve the draft case.
I am therefore in the same position now as I was before the claim for a mandatory order as it
seems the Justices will unlikely deliver the signed case unless recognizance is entered into.
However, where my queries with the Magistrates' court went unanswered, the judicial review
process succeeded in drawing from the Clerk that if I had appeared before the court to enter into
a recognizance, its appropriateness and/or the amount could have been considered. This is exactly
the information I was seeking and would never have obtained had I not proceeded with this claim
for judicial review.
Knowing as I do now, that a possibility exists to negotiate terms which are mutually acceptable, it
seems arranging to appear before the court to enter into a recognizance is now appropriate.

In light of the Justices expressing regard for the Administrative Court's time and public money, it
would also seem appropriate, if, whilst appearing before the Magistrates' Court to agree terms of a
recognizance, I also seek agreement to terms of an order that the court consider the matter on
the papers and that there be no order as to costs, as the case involves a matter of general public
importance.
After considering the options that appear available to me now, please take this as formal notice
that I am withdrawing this judicial review claim.

Yours sincerely

X. Yyyyy