The defendant had been in custody for a different offence on the day when the magistrates were due to try him, and he was not produced. The prosecutor only learned of the other conviction on that day, and sought an adjournment. Instead the magistrates dismissed the charge. The prosecutor appealed.
Held: The magistrates’ power to dismiss a charge are limited to occasions of abuse of process. No abuse had been shown here. The magistrates should instead have used their poawers under section 10 to grant the adjournment.
Citations:
[1989] Crim LR 148
Statutes:
Magistrates Courts Act 1980 10
Jurisdiction:
England and Wales
Citing:
Applied – Regina v Derby Crown Court, ex parte Brooks QBD 1985
The court set out the characteristics of abuse of process in criminal matters. It may be an abuse of process if: ‘the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law . .
Lists of cited by and citing cases may be incomplete.
Magistrates
Updated: 08 May 2022; Ref: scu.540237