The court considered the circumstances when a superior court should consider an appeal against a magistrates court on an adjournment of a trial: ‘First, a decision as to whether or not proceedings should be adjourned is, as counsel for the defendant rightly urged, a decision within the discretion of the trial court. It is pre-eminently a discretionary decision. It follows, as a matter of undoubted law, that it is a decision with which any appellate court will be very slow to interfere. It will accordingly interfere only if very clear grounds are shown for doing so.
Secondly, I wish to make it plain that the justices in this case are in no way open to criticism for paying great attention to the need for expedition in the prosecution for criminal proceedings. It has been said time and time again that delays in the administration of justice are a scandal, and they are the more scandalous when it is criminal proceedings with which a court is concerned.’
Judges:
Bingham LJ
Citations:
[1990] 155 JP 324
Jurisdiction:
England and Wales
Cited by:
Cited – W, Regina (on the Application of) v Camberwell Youth Court and Another Admn 10-Sep-2004
The defendant sought a Judicial review of the magistrates’ decision to adjourn case at request of prosecutor. The prosecutor had failed to comply with its disclosure obligations, and de-warned its witnesses before the date fixed for trial.
Lists of cited by and citing cases may be incomplete.
Magistrates, Criminal Practice
Updated: 01 May 2022; Ref: scu.261304