The magistrates had refused an adjournment of a trial after the non-attendance of the complainant. The prosecution offered no evidence, and the charge was dismissed. The prosecutor applied for judicial review, but the case came on only 16 months afterwards. The court held that several factors were to be considered, including the seriousness of the charge, the evidence and effect of any delay upon it, the defendant’s contribution if any to the delay, and any justifiable feeling of aggrievement for the complainant.
Citations:
Times 15-Mar-2000, Gazette 02-Mar-2000
Jurisdiction:
England and Wales
Magistrates, Criminal Practice
Updated: 05 June 2022; Ref: scu.88565