Regina v Highbury Corner Magistrates’ Court ex parte O’Donoghue: Admn 12 Feb 1997

The defendant sought judicial review of the District Judge’s decision. He was accused of rape. The judge directed that the case be adjourned to a particular date. CPS represented that they would not be able to prepare the case for that date, but were ordered to do so. On the day CPS failed to attend, saying that the case was not ready, requesting a further adjournment. Contrary to the court’s order thet had not required the complainant to attend on the day.
Held: The Crown Prosecution Service was entirely wrong to substitute its own crown prosecutors’ code in place of a clear court order.

Judges:

Lord Bingham of Cornhill LCJ, Moses J

Citations:

Times 24-Feb-1997, [1997] EWHC Admin 132

Links:

Bailii

Criminal Practice

Updated: 25 May 2022; Ref: scu.137077