The prosecutor appealed a decision of the magistrates to dismiss the case for abuse of process, having failed to comply with several and repeated directions as to the management of the case. He said that he had not been given opportunity to make representations.
Held: The prosecutor should have been given opportunity to make oral representations. However, the court expressed disquiet at the ‘extremely substantial periods of default in relation to each of the items in this case . . collectively they amount (not in the legal sense but in ordinary parlance) to a contempt for the directions of the magistrates. ‘
Judges:
Silber, Gibbs JJ
Citations:
[2004] EWHC 2553 (Admin)
Links:
Citing:
Cited – Al-Mehdawi v Secretary of State for the Home Department HL 23-Nov-1989
The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision.
Held: Judgment obtained in a party’s absence due entirely to the fault . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 27 June 2022; Ref: scu.219533