The claimant sought judicial review of the magistrates refusal to set aside a conviction entered in his absence. He had been in custody and not produced for the hearing.
Held: The review was granted. The judge had not established that the defendant was at fault in not attending.
Citations:
[2007] EWHC 2766 (Admin)
Links:
Statutes:
Magistrates’ Courts Act 1980 142(1)
Jurisdiction:
England and Wales
Citing:
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 . .
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 Jones, Planter and Pengelly 1991
. .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 10 July 2022; Ref: scu.261644