Crown Court criticises magistrates’ reliance on email and questions CPS preparation as Milford Haven pensioner fights conviction

A CROWN Court judge has criticised magistrates for relying on “hearsay” material to convict Milford Haven pensioner Niall Taylor, saying he is entitled to appeal and entitled to a fair hearing.

Taylor, 76, of Haven Drive, Hakin, appeared at Swansea Crown Court on Tuesday (Jan 13) for a mention hearing in his appeal against conviction.

The court was told Taylor had previously been convicted at Haverfordwest Magistrates’ Court of driving otherwise than in accordance with a licence and using a motor vehicle without insurance.

Taylor had initially pleaded not guilty, but changed his plea part way through a trial. Questions were later raised over whether that guilty plea was equivocal, and the case was subsequently reopened under section 142 of the Magistrates’ Courts Act 1980.

A full rehearing followed, with Taylor entering not guilty pleas. He was found guilty after a trial of the facts and sentenced on Wednesday (Dec 3).

However, at the Crown Court hearing this week, HHJ Geraint Walters voiced serious concerns about the material relied upon to secure the conviction.

The judge was told the magistrates had convicted Taylor after relying on email evidence without a formal witness statement from its author.

Judge Walters said that without a statement, the evidence amounted to “hearsay”, and questioned whether the magistrates had properly applied the law.

He asked: “Do the magistrates know the law? Was this a lay bench?”

Judge Walters also criticised the prosecution’s approach to the appeal, suggesting it was not sufficiently prepared.

He said: “I am triageing all appeals to this court and I want to see this appeal apple pie ready when it comes before me in three weeks time. We won’t hear the case then but we will look at progress.”

The judge questioned the prosecution’s handling of the appeal, asking: “Where is the obligation on the Crown to fairly assist a person appealing and representing themselves?”

During the hearing, Judge Walters warned that if the case was not properly prepared and progressed, it could become drawn into further litigation — potentially even reaching the High Court — and that this could result in it being sent back down to the magistrates’ court again.

The matter will return to Swansea Crown Court in around three weeks for a progress hearing. The appeal itself will not be heard at that stage, but the judge said he expects the case to be ready for effective case management.

The Pembrokeshire Herald understands the appeal will focus on the insurance conviction.

Why the judge’s criticism stands out

The core issue the judge highlighted was the reliance on email evidence without a formal witness statement from its author. Under English and Welsh evidence rules:

• Hearsay evidence (out-of-court statements offered to prove the truth of the matter asserted) is generally inadmissible unless it falls under a specific exception or is admitted via a formal process (e.g., under the Criminal Justice Act 2003 provisions for business documents, res gestae, or other gateways).
• An email, without supporting witness testimony or a formal statement, would typically constitute hearsay if used to prove key facts (such as the status of insurance or licence details).
• The judge explicitly called this “hearsay” and questioned whether the magistrates had properly applied the law on admissibility.

UK-WIDE plans would ban new cage systems from 2027 and end all enriched cages by 2032, as charity urges public to respond

A UK-wide public consultation on proposals to phase out cages for laying hens has been launched, with animal welfare charity RSPCA Cymru describing the move as a major step towards a cage-free future in Wales.

The consultation, led by the Department for Environment, Food and Rural Affairs (Defra) and being run jointly with the Welsh Government, Scottish Government and Northern Ireland Executive, is seeking views on reforms affecting laying hens, pullets (young hens reared for egg production) and breeder layers.

Under the proposals, the building or first-time use of any new enriched “colony” cage systems would be banned from 2027. The consultation also proposes ending the use of all such cage systems by 2032.

In addition, the plans would extend the ban to all birds currently kept in conventional “battery” cages by removing the existing exemption for smaller flocks of 350 birds or fewer.

RSPCA Cymru said the announcement was particularly significant for Wales, which it noted has one of the highest proportions of free-range hen flocks globally, and is urging the public to respond during the eight-week consultation period.

David Bowles, the RSPCA’s head of public affairs, said: “The announcement of this long-awaited consultation is a huge step forward for animal welfare in Wales… We are urging the public to make their voices heard during this eight-week consultation period so we can move closer to a cage-free future for farmed animals across the UK.

“Every year across the UK, millions of farmed animals are kept in cages, unable to express their natural behaviours and experiencing an unimaginable amount of suffering. Seventy-three per cent of the British public oppose the use of cages for hens, and we have always been clear: cages cannot be part of British farming any longer.”

The RSPCA says caged systems remain in widespread use, with around ten million hens still kept in enriched cages across the UK. The charity argues that, despite being marketed as an improvement, enriched cages provide only a limited increase in space compared with the former battery cages, and still prevent birds from fully expressing natural behaviours such as dustbathing and foraging.

The charity said its campaigning on the use of cages dates back to the 1960s, and noted that its RSPCA Assured welfare standards already prohibit cages on certified farms.

RSPCA Cymru also linked the consultation to the Senedd election due to take place in May, saying it is pressing political parties to include stronger animal welfare commitments in their manifestos. The charity’s priorities include a prohibition on enriched cages for laying hens, and restrictions on other confinement systems, including farrowing crates used in pig farming.

Mr Bowles added that between five and six million pigs reared for slaughter are born in farrowing crates each year in the UK, a practice not permitted under RSPCA welfare standards. He said the charity would continue campaigning for wider reforms, and expects further consultation later this year.

WEST WALES business owners are being invited to an online briefing later this month to help them understand forthcoming Business Rates changes, amid concerns that new rateable values could lead to sharp increases for retail, hospitality and tourism firms.

The session will be held on Monday, January 26 at 10:30am and will be hosted by Paul Davies MS and Samuel Kurtz MS. Guest speakers will include the Valuation Office Agency, who will explain how the changes will work in practice and what businesses can do to prepare ahead of the new valuations coming into force in April 2026.

Organisers say many businesses across the region have already seen significant rises in rateable value, increasing pressure on high streets, local jobs and investment. Hospitality and tourism operators, in particular, have warned that further increases could be unsustainable.

The briefing is aimed at business owners, employers and managers seeking practical information on what is changing, how it could affect their premises, and what steps they can take ahead of April. The event will also give businesses a chance to raise concerns directly with elected representatives.

Samuel Kurtz MS said: “Too many local businesses are facing sharp increases in their rateable values, at a time when costs are already rising. This session is about making sure business owners understand what is coming, what options are available to them, and how we can make the strongest possible case for a fairer system.”

Paul Davies MS added: “Hospitality and tourism businesses are the backbone of our local economy, particularly in West Wales. We want to hear directly from businesses about the challenges they face and ensure their voices are heard as decisions are made about Business Rates in Wales.”

The online briefing will cover an overview of the Business Rates system in Wales, what the new rateable value changes mean for local businesses, and how firms can have their say as the case for a fairer system is made.

More details and registration are available via Samuel Kurtz MS’s website.