The defendant sought a Judicial review of the magistrates’ decision to adjourn case at request of prosecutor. The prosecutor had failed to comply with its disclosure obligations, and de-warned its witnesses before the date fixed for trial.
Held: The justices’ decision had been lawful. The defendant was unable to establish any prejudice to him in the adjournment beyond, which was not relevant, any lost opportunity to proceed without prosecution witnesses. To set such a decision aside the court would have to be faced with a decision which could not be supported or was irrational.
Judges:
Collins J
Citations:
[2004] EWHC 2211 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Abedare Justices ex parte Director of Public Prosecutions 1990
The court considered the circumstances when a superior court should consider an appeal against a magistrates court on an adjournment of a trial: ‘First, a decision as to whether or not proceedings should be adjourned is, as counsel for the defendant . .
Cited – F v Balham Youth Court Admn 24-Oct-2003
The defendant faced a charge of causing actual bodily harm to a 19 year-old. There was an eye witness, who was no doubt a friend of the complainant, aged 18. The defendant was 15. When first listed for trial neither prosecution witnesses attended on . .
Cited – Walden, Regina (on the Application of) v Highbury Corner Magistrates’ Court Admn 19-Mar-2003
The defendant appealed a decision of the magistrates to adjourn his trial for a breathaliser offence when the Crown Prosecution Service had not warned officers to attend to give evidence. On this application, the CPS filed an acknowledgment, did not . .
Cited – Regina v Hereford Magistrates’ Court (ex parte Rowlands, Ingram); Regina v Harrow Youth Court (ex parte Prussia) Admn 10-Feb-1997
The power to adjourn a trial is conferred upon Justices by statute. The divisional court will intervene where defendants have been deprived of a fair opportunity to present their case. The decision whether to grant an adjournment is not a mechanical . .
Lists of cited by and citing cases may be incomplete.
Magistrates, Criminal Practice
Updated: 01 July 2022; Ref: scu.218724