The defendant sought judicial review of a decision of the magistrates to adjourn a case where, on the day before, a differently constitued bench had refused an adjournment requested by the prosecution. On the first occasion the prosecutor had not had all the facts and the court had assumed that the fault was that of the prosecution. On the second day, further paperwork placed the fault with the police. The missing evidence was a DNA report.
Held: The request for review failed. There was a common law principle that a lower court has only limited power to re-visit and to revoke a previously made order although it can do so in the interests of justice, in particular, in changed circumstances. The efficacious administration of justice is a central legal policy behind the rule. Decisions will be fact sensitive. The situation here did involve a change of circumstances sufficient to invoke the common law power.
Leveson, Cranston JJ
[2010] EWHC 916 (Admin), (2010) 174 JP 342
Bailii
Magistrates’ Court Act 1980 8A 8B
England and Wales
Citing:
Cited – Regina v Newham Juvenile Court ex parte F (A Minor) QBD 1986
F who was 16 years old when he appeared before the juvenile court charged with robbery and possession of an imitation firearm. The justices decided to proceed summarily. No plea was taken. After being released on bail, he later appeared before a . .
Cited – Regina v Acton Youth Court ex parte Director of Public Prosecutions Admn 10-May-2000
The youth court had made an order that the victim could give evidence in-chief by video recording and the remainder of her evidence by television link. When the case came to trial before a differently constituted bench the defendant successfully . .
Cited – Watson, Regina (on the Application of) v Dartford Magistrates’ Court Admn 6-May-2005
The defendant faced road traffic summonses. On the last working day before the defendant’s trial the prosecution applied for an adjournment because two of their witnesses were unavailable. The application was refused. On the first day of the trial . .
Cited – Brett v Director of Public Prosecutions Admn 16-Mar-2009
The defendant faced trial for driving whilst over the prescribed alcohol limit. On a pre-trial review, the prosecution had applied for the evidence of the analyst to be given under the hearsay provisions, on the basis that she was living abroad. She . .
Cited – F (A Minor), Regina (on the Application of) v Knowsley Magistrates Court Admn 15-Mar-2006
On its first application the CPS requested that the trial date be vacated because they had not received a full file of evidence. That application was refused. The case remained listed for trial that afternoon. In the afternoon the prosecution was . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 09 November 2021; Ref: scu.408831