Where a magistrates or similar court refuse a defence application for an adjournment, generally speaking, the entire case, including all the evidence which the parties wish to adduce, should be presented to the Magistrate before either side applies for a prerogative remedy. Only when it is clear that the extradition proceedings must fail (as where the Order to Proceed is issued by the wrong person) should this practice be varied.
Judges:
Lord Lowry
Citations:
[1990] AC 500
Cited by:
Cited – Regina v District Court Martial Sitting at RAF Lyneham (ex parte SAC Wayne Robert James Stoodley) Admn 20-May-1998
The defendant sought certiorari of a refusal of an adjournment of his hearing by the respondent. His defence team had requested an adjournment for a psychiatric report. The court had said such a report would not go as to mens rea.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Extradition, Magistrates
Updated: 08 May 2022; Ref: scu.179888