The defendant sought judicial review of a decision by the magistrates to proceed with criminal charges against him in his absence. He suffered confirmed depression. There were several adjournments.
Held: ‘despite the unsatisfactory and indeed devious nature of the letter of 6th May, there were real grounds before the District Judge to indicate that the claimant was a mentally disturbed or unstable person who solicitors have recently withdrawn from the case. Because that was the situation, I am compelled to the view that it was wrong in principle on 9th May to proceed in his absence. ‘
Judges:
Mr Justice Gibbs
Citations:
[2005] EWHC 3123 (Admin)
Links:
Statutes:
Powers of Criminal Court Sentencing Act 2000 11, Mental Health Act 1983 37
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Ealing Magistrates ex parte Ralph Burgess QBD 3-Jan-1999
The court upheld a Magistrate’s decision to proceed in the absence of a defendant. . .
Cited – Regina v Jones (Anthony William) HL 20-Feb-2002
The defendant absconded, and did not appear for his trial despite several listings. The trial proceeded in his absence entirely. After arrest, he appealed, saying that he had not had a fair trial.
Held: It was not suggested that he did not . .
Cited – Regina v John Victor Hayward, Anthony William Jones, Paul Nigel Purvis CACD 31-Jan-2001
A defendant can forego his right to attend his trial, but he still had the general right to be present, and to have legal representation at the trial. The court’s discretion to proceed in his absence should only be exercised with great care. A trial . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 18 July 2022; Ref: scu.238176
