The defendant had written to the court to request an adjournment. The case proceeded in his absence.
Held: Justices have a broad discretion on the re-opening case after a conviction had been entered in the Defendant’s absence. The defendant retained a right of appeal under s108. The absence was the defendant’s entire responsibility. The court had shown respect for the convenience of witnesses, and a desire to show that the defendant had tested the limits of the court’s patience.
Judges:
Henry LJ
Citations:
Times 16-Jul-1996, (1996) 160 JP 613
Statutes:
Magistrates Courts Act 1980 142
Jurisdiction:
England and Wales
Criminal Practice, Magistrates
Updated: 21 July 2022; Ref: scu.87435
