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Regina v Newport Justices Ex Parte Carey; Regina v Gwent Magistrates Court, ex parte Carey: QBD 16 Jul 1996

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

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