The divisional court should intervene where a defendant has been deprived of a fair opportunity to present his case because of his own unavoidable absence.
Citations:
[1991] Crim LR 848, [1991] 155 JP 612
Cited by:
Cited – Ronald and John Popely and Another v D G Scott (Kent County Council) Admn 21-Dec-2000
This was an appeal by way of case stated. The appellants were alleged to have offered timeshare contracts without notification of cancellation rights. A director claimed he was unfit to attend, but the trial proceeded in his absence. He had, the day . .
Cited – Regina v Hereford Magistrates’ Court (ex parte Rowlands, Ingram); Regina v Harrow Youth Court (ex parte Prussia) Admn 10-Feb-1997
The power to adjourn a trial is conferred upon Justices by statute. The divisional court will intervene where defendants have been deprived of a fair opportunity to present their case. The decision whether to grant an adjournment is not a mechanical . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Criminal Practice
Updated: 08 May 2022; Ref: scu.179885
