The CPS appealed against dismissal of their case by the Crown Court after no representative had appeared at court to present the case. Counsel had two cases, and had asked this to be held pending completion of the other which then overran. Counsel knew of the conflict but had not requested a ‘not before’ listing.
Held: The court should have waited a little longer until counsel was in a position to prosecute the appeal.
Judges:
Scot Baker LJ, Pitchford J
Citations:
[2003] EWHC 1079 (Admin)
Links:
Statutes:
Code of Conduct for the Bar of England and Wales 701
Citing:
Cited – Regina v Bournemouth Crown Court ex parte Wright 1984
Lord Fraser said: ‘Whatever the position may be at a trial before a court of first instance, when it comes to procedure before quarter sessions sitting as an appeal court there is a clear distinction of principle between allowing an appeal against . .
Cited – Regina v Sutton Justices ex parte Director of Public Prosecutions Admn 1992
Counsel was known to be on his way to court, but the magistrates dismissed the case when he was late.
Held: The appeal succeeded. The magistrates should have enquired further and waited.
Mann LJ said: ‘the bench should have paused for an . .
Cited – Regina v Hendon Justices ex parte Director of Public Prosecutions QBD 1993
The court considered an application for judicial review by the DPP of a decision to acquit the defendant because the prosecutor had failed to appear for trial.
Held: Dismissing the information, and acquitting the accused had been an . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Legal Professions
Updated: 07 June 2022; Ref: scu.185352