QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF ALAN HALL CLEMENT||(CLAIMANT)|
|DURHAM COUNTY MAGISTRATES' COURT||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR C BAKER (instructed by Newton Aycliffe Magistrates' Court, Durham DL5 5RT) appeared on behalf of the DEFENDANT
Crown Copyright ©
"Whether the justices were entitled to conclude for the purposes of convicting Mr Clement that in their opinion the making and maintaining of a record in the form set out in Schedule 5 of the Order does satisfy the requirement to make and maintain a record in the form set out in Schedule 1 of the said Order."
"4(1) The owner or person in charge of a pig on a holding shall make and maintain a record—
(a) in the form set out in Schedule 1 to this Order in respect of each movement of pigs to or from the holding . . .
(3) every record under this article shall—
(a) be made within 36 hours after the movement or sale recorded; and
(b) be retained by the owner or person in charge of the pig or the holding for a period of three years from the end of the year in which the last entry was made."
"(2) It shall be the duty of the owner of a pig who intends to move it from such premises to make a declaration in the form set out in Schedule 5 to this Order which declaration shall authorise movement—
(a) direct to a slaughterhouse specified in the declaration; or
(b) between premises in the same occupation;
And to no other destination."
"Where this Order refers to a form which appears in a Schedule to this Order, that reference should be taken to include a form substantially to the like effect."
"Whether the justices were entitled to conclude for the purposes of convicting Mr Clement that they could rely upon a defence submission on the relationship between a Schedule 1 and a Schedule 5 form as a fact to support a conclusion that Mr Clement was the owner or person in charge of a pig on a holding on or around the relevant dates."
"We are satisfied that it is A Clement's signature on the Schedule 5 forms in evidence and that he has marked the box as owner and that this proves that he was the owner or person in charge of pigs on a holding."
"Whether the magistrates were correct in law to assert that the 'Prosecution must prove that there is a prima facie evidence. Burden then reverts to the defence'."
"We recognise that it is for the prosecution to prove the case as we are sure of the defendant's guilt, ie beyond reasonable doubt. The prosecution must prove there is prima facie evidence (of ownership/being in charge of pigs). The burden then reverts to the defence (on a balance of probabilities -- to prove lawful authority or excuse).