| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 83 (May) |
| Court: | Queen's Bench Division (Divisional Court) |
| Judge: | Keene LJ and Jack J |
| Representation | Stephen Chippeck (instructed by the Crown Prosecution Service Kent Branch, Maidstone) for the prosecution. |
| Mark Dacey (instructed by Hatten Wyatt & Co, Gravesend) for the defendant. | |
| Judgment Dates: | 8 May 2006 |
Catchwords
Magistrates - Adjournment - Discretion of justices - Refusal by justices to grant adjournment of hearing - Prosecution failing to notify witnesses of time of hearing - Whether exercise of discretion unreasonable.
The Case
It had not been unreasonable for justices to refuse to grant an adjournment and dismiss an information laid against the respondent for common assault where the prosecution had failed to warn prosecution witnesses to attend court at the correct time and where if the case were adjourned or adjourned part heard the trial could not be until a year after the alleged offence.
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