J appealed from the magistrates court against his conviction. Due to a mix up at his solicitors, he was not informed of the hearing, and, on his non-attendance at the Crown Court, it refused an adjournment and decided the appeal against him. He now sought judicial review of that decision.
Held: Review was granted, the decision set aside and the case remitted to be decided on its merits. It would have been proper to grant an adjournment.
Citations:
[1986] Crim LR 803
Jurisdiction:
England and Wales
Citing:
Considered – Regina v Diggines, ex parte Rahmani CA 1985
R, had failed to attend the hearing of her appeal from a refusal to extend her stay in the UK. Her advisers had failed to note her new address and had been unable to notify her of the hearing. The appeal was dismissed in her absence. The adjudicator . .
Lists of cited by and citing cases may be incomplete.
Judicial Review, Criminal Practice
Updated: 01 October 2022; Ref: scu.646073